Morality of Affirmative Action: Research Paper
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Definition of Morality
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"the degree to which something is right and good : the moral goodness or badness of something" -Merriam Webster
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Definition of Affirmative Action
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"the practice of improving the educational and job opportunities of members of groups that have not been treated fairly in the past because of their race, sex, etc." -Merriam Webster
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Definition of Affirmative Action in College Admission
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"affirmative action refers to admission policies that provide equal access to education for those groups that have been historically excluded or underrepresented, such as women and minorities" -NCSL
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History of Affirmative Action
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1960's Civil Right's Movement
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"Affirmative action is an outcome of the 1960's Civil Rights Movement, intended to provide equal opportunities for members of minority groups and women in education and employment." -NCSL
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1961 - President Kennedy - "Affirmative Action"
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"In 1961, President Kennedy was the first to use the term "affirmative action" in an Executive Order that directed government contractors to take "affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin." The Executive Order also established the President's Committee on Equal Employment Opportunity, now known as the Equal Employment Opportunity Commission (EEOC)." -NCSL
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Title IV of the Civil Rights Act of 1964 - Origin of Affirmative Action
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"The issue of affirmative action in higher education has been debated in courts since Title IV of the Civil Rights Act of 1964" Out of this Act, affirmative action came -The Truth
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Title IV of Civil Rights Act of 1964
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"The Civil Rights Act of 1964 is the landmark legislation prohibiting discrimination in several areas including housing, employment and education. The sections of the Act relating to education are Title IV, prohibiting discrimination on the basis of race, color, sex, religion or national origin by public elementary and secondary schools and public institutions of higher learning" - It is now illegal for any programs receiving federal financial assistance to discriminate on the basis of race, color, national origin, religion, or sex. -US Department of Justice
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Result of Title IV of Civil Rights Act of 1964
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"all public universities in the nation were banned from denying students on the basis of race, with private universities generally following this procedure as well." - The Truth
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Start of Affirmative Action in College Admission
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"Concerned that a large number of minority groups were being underrepresented in their universities, schools began constructing programs to create more opportunities in higher education for groups historically excluded." Therefore, Affirmative Action was born. -The Truth
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Establishment of Current Affirmative Action
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Supreme Court case Regents of the University of California v. Bakke in 1978 -Timeline of Affirmative Action
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Regents of the University of California v. Bakke in 1978
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"In this case, Allan Bakke, a white male, applied to the University of California-Davis Medical School and was denied. Bakke filed suit against the school, claiming he was denied because of admissions policies that favored certain races. Up until that point, the school set aside 16 seats out of 100 available for specific underrepresented minority applicants and established separate admissions criteria for those candidates. In the end, the Supreme Court ruled in favor of Bakke, claiming no institution receiving government funding could exclude a candidate from admissions consideration solely on the basis of race." -The Truth -Timeline of Affirmative Action
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What did the case of UC v. Bakke affirm?
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"It affirmed that race could be one of many factors in admissions decisions, if it was used for the purpose of fixing under-representation and exclusion of certain minorities in higher education." -The Truth
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Sustenance of Affirmative Action - Grutter v. Bollinger
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"In 2003, Grutter v. Bollinger came before the Supreme Court. When Barbara Gutter applied to the University of Michigan Law School and was denied, she claimed this was because she was Caucasian. Michigan's Law School did seek to admit underrepresented minority students because, much like UC-Davis' Medical School, it believed having a diverse student body would positively affect the character of their school and the law profession. Michigan won this case, and affirmative action was sustained." -The Truth
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Michigan Law School Policy Upheld
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"In the most important affirmative action decision since the 1978 Bakke case, the Supreme Court (5-4) upholds the University of Michigan Law School's policy, ruling that race can be one of many factors considered by colleges when selecting their students because it furthers "a compelling interest in obtaining the educational benefits that flow from a diverse student body." The Supreme Court, however, ruled (6-3) that the more formulaic approach of the University of Michigan's undergraduate admissions program, which uses a point system that rates students and awards additional points to minorities, had to be modified." -Timeline
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Gratz v. Bollinger
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"The U.S. Supreme Court rules that the University of Michigan's undergraduate affirmative action, which assigned extra points to minority applicants, is unconstitutional." -Potter
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Grutter v. Bollinger
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"The U.S. Supreme Court upholds the University of Michigan Law School's admissions process, which included race as one of many factors and did not use race-based quotas, as constitutional." -Potter
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The Case of Fisher v. Texas-Austin - 2013
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"Fisher v. University of Texas-Austin was brought to the Supreme Court in October of 2012. Abigail Fisher applied to the University of Texas-Austin, her first-choice school, for admission in fall 2008. When she was denied admission, Fisher decided to take UT-Austin to court arguing their "Top Ten Plan" discriminated against her and allowed less qualified students to be admitted because of race. Through its "Top Ten Plan," UT-Austin admits the top 10 percent of each high school class in Texas. Typically, the majority of students in each freshmen class at the school gain admissions through this system. Fisher was just shy of her high school class' top 10 percent, and, as a result, she was considered in a larger applicant pool. Ultimately, Fisher believes that UT's "Top Ten Plan" creates a diverse student body without the need for affirmative action, and that applicants with fewer merit-based qualifications than she had were admitted solely because of race." -The Truth
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Fisher v. University of Texas
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"In Fisher v. University of Texas, the court allows universities to continue considering race as a factor in admissions to achieve diversity, but tells them that they must prove that "available, workable race-neutral alternatives do not suffice" before considering race. The court ruled 7-1 to send the case back to the U.S. Court of Appeals for the Fifth Circuit for further review to determine if the school passed the test of "strict scrutiny," the highest level of judicial review. The ruling is considered a compromise between the court's conservative and liberal factions." -Timeline
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Michigan Ban of Affirmative Action - 2014
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"The Court rules, 6-2, in Schuette v. Coalition to Defend Affirmative Action to uphold a state constitutional amendment that bans public universities and colleges in Michigan from implementing a race-sensitive admissions policy. The ruling does not address the state's affirmative action policy; instead, it confirms the constitutionality of the amendment process. Writing for the plurality, Justice Anthony Kennedy said, "This case is not about how the debate about racial preferences should be resolved. It is about who may resolve it." In a 58-page withering dissent, Justice Sonia Sotomayor said the Constitution "does not guarantee minority groups victory in the political process. It does guarantee them meaningful and equal access to that process. It guarantees that the majority may not win by stacking the political process against minority groups permanently."
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Why was Affirmative Action Created?
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"Affirmative action generally means giving preferential treatment to minorities in admission to universities or employment in government & businesses. The policies were originally developed to correct decades of discrimination and to give disadvantaged minorities a boost. The diversity of our current society as opposed to that of 50 years ago seem to indicate the programs have been a success. But now, many think the policies are no longer needed and that they lead to more problems than they solve." -Balanced Politics
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Affirmative Action Today
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Logic behind Affirmative Action Today
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"There is no denying the fact that minorities such as women, African-Americans, and Hispanics have long faced prejudice. These underrepresented minorities are considerably more likely to live in poverty and face steep battles to gain college acceptance. The logic behind affirmative action is to give these minorities advantages to offset the challenges they tend to face." -Change
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What is happening because of this logic?
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"Affirmative action made sense in the past when minority groups such as women and African-Americans were not allowed the same opportunities as others. Do these biases still exist? Of course, but not even close to the same amount. Even more importantly, affirmative action tends to over-correct these biases. By causing what has been termed "reverse discrimination", other ethnic groups who are deemed "overrepresented" are made to work much harder to gain the same admission rights that others find more easily." -Change
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Look at the numbers
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"Studies have found that in college admissions an Asian scoring a 1550 out of 1600 on the old SAT is given the same consideration as a Caucasian student scoring 1410, a Hispanic student scoring 1230, and an African-American student scoring 1100." -Change
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Explanation for it that can be questioned
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"The easy explanation for this is that underrepresented minorities are not presented with the same benefits as others and cannot prepare as well for these types of tests. " -Change
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Majority races are not all rich
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"Affirmative action corrects this, yes, but only for the poor that come from specific races, most notably African-Americans, Native Americans, and Hispanics. It is no secret that many of the minorities in the United States disproportionately make up the majority of the lower class income brackets but can we just ignore the rest of the lower class citizens?" Not all low class citizens come from a specific race -Change
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Effects of Current Affirmative Action
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"The fact of the matter is that affirmative action continues to hurt lower income Asian and white citizens while rewarding the upper class minorities deemed "underrepresented" -- if affirmative action was truly about leveling the playing field it would be based on income and not extraneous factors." -Change
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Affirmative Action as a Problem
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"Affirmative action does not accurately provide diversity -- it only is successful in harming both the people it is supposed to help as well as races that are deemed "overrepresented." Diversity is not the issue here; affirmative action is." -Change
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States with no affirmative Action
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"Michigan, California, Florida, Texas, and Washington have banned the use of race or sex in admissions considerations -- it is time for the rest of us to do the same." -Change
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The difference between affirmative action and diversity
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Colleges abuse the affirmative action policy so they can become more diverse on their campus
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Pros of Affirmative Action in College Admission
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Compensation
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"Affirmative action policies are necessary in order to compensate for centuries of racial, social, and economic oppression. Generally, individuals with higher socioeconomic status have more opportunities than those from lower socioeconomic backgrounds. Supporters believe that certain racial or ethnic groups are disadvantaged because they are frequently in lower income brackets and consequently are not exposed to the same resources as students from higher socioeconomic classes. Advocates support the notion of competition between students based on merit, but argue that affirmative action compensates for economic disparities." -NCSL
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Process
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"Affirmative action is more of a process than just an admissions policy. Colleges and universities reach out to groups that are underrepresented and urge students to apply. Institutions often offer financial aid to underrepresented students and provide on-campus support programs to improve their academic success." -NCSL
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Better opportunities
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"Graduates who benefited from affirmative action programs say that they have received better jobs, earned more money, and ultimately are living better lives because of the opportunity they received." -NCSL
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Diversity is desirable and won't always occur if left to chance
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"Part of the education process is learning to interact with other races and nationalities. Many students live very segregated lives up until the time they start college. Thus, opinions of other races and nationalities are based on stereotypes. Interaction allows students to learn that persons of the opposite race are people too, more or less just like themselves. The movie Remember the Titans, based on a true story, is an excellent illustration of this. In the beginning, the football players portrayed in the movie are heavily segregated and antagonistic to the other race. The coach forces them to room with a player of the opposite color as well as learn some essential facts about each other. To make a long story short, they become lifelong friends and accomplish an undefeated season. Since this diversity is desirable, we want to make sure colleges represent a wide range of backgrounds. Unfortunately, without affirmative action, this diversity is much less likely to occur. It's possible schools will become segregated like in past decades. Elite schools may become increasingly dominated by majority students. Diversity is so important; we can't leave it to chance." There are better ways to achieve diversity -Balanced Politics
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Students starting at a disadvantage need a boost
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"Minority students, generally speaking, start out at a disadvantage in their college or job application process. They usually come from lower income families and have less opportunity to go to private schools as white students. Some inner city youths must also live their childhoods in high crime, drug-infested areas. Sincere, hard-working minority students are every bit as capable as white students, but because of these disadvantages, they may not have the same paper qualifications. Affirmative action evens the playing field a bit." But does this include ALL minority students? -Balanced Politics
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Draws people to areas of study and work they may never consider otherwise
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"Whether it's men being brought into nursing, women brought into technology fields, or minorities brought into Ivy League schools, it is always desirable to bring people to areas of study or work that they may not have considered otherwise. The more we change stereotypes, the less we'll need affirmative action in the future." -Balanced Politics
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Some stereotypes may never be broken without affirmative action
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"For decades blacks were considered less capable than whites. It took affirmative action to give blacks the opportunity to show they are every bit as capable. These and other stereotypes have started to change and will continue to change with the help of affirmative action." -Balanced Politics
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Needed to compensate minorities for centuries of slavery or oppression
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"The first several centuries of the U.S.'s existence saw whites enslave and oppress blacks, Native Americans, and other minorities. Minorities gave decades of unpaid labor, had land taken from them, were subject to brutal punishments, and were denied most of the fundamental rights provided by our Constitution. Affirmative action simply provides a way to compensate the descendants for the wrongs done to their ancestors." -Balanced Politics
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Cons of Affirmative Action in College Admission - GOLDEN REASONS
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Reverse Discrimination
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"Affirmative action is designed to end discrimination and unfair treatment of employees/students based on color, but it in effect does the opposite. Whites who work harder and/or are more qualified can be passed over strictly because they are white. Contrary to many stereotypes, many minorities fall into the middle or upper class, and many whites live in poverty. Unfortunately, the way things are set up now, a poverty-stricken white student who uses discipline and hard work to become the best he can be can be passed over by a rich minority student who doesn't put in much effort at all." YES - should not exist -Balanced Politics
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Lowers standards of accountability needed to push students or employees to perform better
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"If a minority student can get into Harvard with a 3.2 grade-point average, why should she push herself to get a 4.0? Although some students or employees are self-motivated, most people need an extra push or incentive to do their very best. By setting lower standards for admission or hiring, we are lowering the level of accountability. We should reward hard work, discipline, and achievement; we shouldn't reward a student simply because he or she is a certain race, nor punish another student simply because he or she isn't." -Balanced Politics
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Students admitted on this basis are often ill-equipped to handle the schools to which they've been admitted
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"Imagine a AA minor league baseball player suddenly asked to bat cleanup in the majors, or a high school science fair contestant suddenly asked to take a rocket scientist job at NASA. There's a possibility of success in these situations, but it's more likely they will be in over their heads. Schools like Harvard and Yale have high GPA and SAT requirements because it is extremely difficult to graduate from them. Thus, when they're forced to lower standards to achieve a minority quota, some students can't keep up. This isn't to say these students are less capable, but chances are that if they can't meet minimum requirements, they probably aren't ready to go there. The far-lower graduation rate of minorities is testament to the fact that they are too often going to schools that don't match their ability. The original application criteria of schools were put in for a reason. We should adhere to them." YES!!!!!! -Balanced Politics
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It would help lead a truly color-blind society
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"When you apply for a job or fill out a college application, how often are asked about things like your hair color, eye color, or height? Unless it's for a modeling or athletic position, probably never. Why? It's because hair & eye color or height don't have any effect on your ability to do a job or succeed at a school. There's no association between hair/eye color and intelligence, discipline, ambition, character, or other essentials. Thus, it's useless to even ask about the information. Conversely, there's no association between skin color and intelligence/discipline/etc. So why do we keep drawing attention to it? Wouldn't it be great if we one day lived in a society when skin color was ignored as much as hair & eye color?" -Balanced Politics
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It is condescending to minorities to say they need affirmative action to succeed
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"When you give preferential treatment to minorities in admission or hiring practices, you're in effect saying "You're too stupid or incapable of achieving on your own, so let me help you". It is condescending and insulting to imply that minorities cannot achieve their goals through hard work and ability." True and False - many minorities are perfectly fine with accepting it because they can go to these colleges -Balanced Politics
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It demeans true minority achievement; i.e. success is labeled as result of affirmative action rather than hard work and ability
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"Ask Condi Rice, Colin Powell, Barack Obama, Oprah Winfrey, or Herman Cain how they got to where they are -- hard work or affirmative action? All achieved their positions through hard work, and because they're bright and articulate. My guess is that they would all be offended if you said they got to where they were strictly because of affirmative action. The same can be said of minority doctors, lawyers, business leaders, etc. Too often, their achievements are demeaned by people who believe preferential treatment got them to their current positions. Minorities must then work twice as hard to earn respect." Just like one above -Balanced Politics
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Once enacted, affirmative actions are tough to remove, even after the underlying discrimination has been eliminated
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"Times change. Society learns and grows. Racist attitude can dissolve over time, as they have in this country. Even race extortionists like Al Sharpton have to admit that the country nowadays is worlds ahead of where it was in the 60s. In almost all areas of the country, discrimination & racism are a thing of the past. The majority of the country voted a black man into the Presidency! Still, a number of affirmative action policies remain in place, even when the vast majority of people would agree they're no longer necessary. Unfortunately, lawmakers move slowly and must haggle over everything. It's tough to get hundreds of people and multiple branches of government to agree on anything. Also, as we all know, the agenda of politicians often don't match those of the people. Corruption and special interest groups can influence the government into inaction." -Balanced Politics
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Unconsitutional
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"Affirmative action may be unconstitutional under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Likewise, the programs may be illegal under Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color or national origin by recipients of federal financial assistance." -NCSL
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Not guaranteed advantage
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"Affirmative action policies do not necessarily help economically disadvantaged students. A study by the Hoover Institution found that affirmative action tends to benefit middle- and upper-class minorities." -NCSL
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Focus otherwise
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"States should focus on other policies or programs that encourage equal opportunity, such as setting high expectations for all students and improving their college readiness." -NCSL
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Other ways to promote Diversity in College
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SIRS Article
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"Universities must first seek racial and ethnic diversity indirectly using methods such as class-based affirmative action before they resort to outright racial preferences. Several states have already banned affirmative action (usually by voter initiative), and almost none has given up on diversity. Instead, they shifted the basis of preference from race to economic disadvantage, boosted financial aid, and formed new partnerships between universities and disadvantaged high schools... Giving a break to economically disadvantaged students also can indirectly promote racial diversity, which makes colleges better for everyone. In an analysis of 10 leading universities that dropped race in admissions, my colleague Halley Potter and I found that seven were able to preserve as much racial and ethnic diversity using such programs as class-based affirmative action, given the fact that black and Latino students are disproportionately disadvantaged by economic status." -SIRS Article
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Church's Stance on Affirmative Action
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Stance
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"We see the value of fostering greater diversity of racial and minority group representation in the hierarchy. Furthermore, we call for the adoption of an effective affirmative action program in every diocese and religious institution." -UCCSB
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Particularly
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"We ask in particular that Catholic institutions such as schools, universities, social service agencies, and hospitals, where members of racial minorities are often employed in large numbers, review their policies to see that they faithfully conform to the Church's teaching on justice for workers and respect for their rights. We recommend that investment portfolios be examined in order to determine whether racist institutions and policies are inadvertently being supported; and that, wherever possible, the capital of religious groups be made available for new forms of alternative investment, such as cooperatives, land trusts, and housing for the poor. We further recommend that Catholic institutions avoid the services of agencies and industries which refuse to take affirmative action to achieve equal opportunity and that the Church itself always be a model as an equal opportunity employer." -USCCB
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Addressing Racism
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"Finally, racism is sometimes apparent in the growing sentiment that too much is being given to racial minorities by way of affirmative action programs or allocations to redress long-standing imbalances in minority representation and government-funded programs for the disadvantaged. At times, protestations claiming that all persons should be treated equally reflect the desire to maintain a status quo that favors one race and social group at the expense of the poor and the nonwhite. Racism obscures the evils of the past and denies the burdens that history has placed upon the shoulders of our black, Hispanic, Native American, and Asian brothers and sisters. An honest look at the past makes plain the need for restitution wherever possible - makes evident the justice of restoration and redistribution." -UCCSB
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College Admission Process + Diversity Programs
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Stanford General
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"As we review applications, several ideas guide our holistic evaluation including the central hallmarks of academic excellence, intellectual vitality and personal context." -Stanford
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"Stanford University Nondiscrimination Policy" - Private, California School
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"Stanford University admits qualified students of any race, color, national or ethnic origin, sex, age, disability, religion, sexual orientation, and gender identity to all the rights, privileges, programs, and activities generally accorded or made available to students at the University. Consistent with its obligations under the law, Stanford prohibits unlawful discrimination on the basis of race, color, national or ethnic origin, sex, age, disability, religion, sexual orientation, gender identity or expression, veteran status or any other characteristic protected by applicable law in the administration of the University's programs and activities; Stanford also prohibits unlawful harassment including sexual harassment and sexual violence." -Stanford
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UCLA General
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"Selection is based on a comprehensive review of all informationâboth academic and personalâpresented in the application." -UCLA
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UCLA Policy - California, Public
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"While California law prohibits the consideration of an applicant's race and/or gender in individual admission decisions, the University also has a mandate to reflect the diversity of the state's population in its student body. Student diversity is a compelling interest at UCLA. It contributes to a rich and stimulating learning environment, one that best prepares leaders-in-the-making for the challenges and opportunities of California, the nation, and beyond." -UCLA
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States that banned affirmative action policies
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"Eight states currently ban race-based affirmative action at all public universities. California, Washington, Michigan, Nebraska, Arizona, and Oklahoma all passed bans through voter referenda. In Florida, Governor Jeb Bush issued an executive order creating the ban. And in New Hampshire, the legislature passed a bill banning the consideration of race. Together, these eight states educate 29 percent of all U.S. high school students." -Potter
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Stance
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Affirmative action should be banned because it is no longer being used as a way to help underrepresented minorities, but is being used by the colleges to promote diversity on their campuses, which in turn hurts the admitted student because they are not at the same level as the other students.
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How diversity can be promoted otherwise?
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Creating Percent Plans
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"Texas, California, and Florida all created programs to guarantee admission to public colleges for top graduates from each high school in the state. At their most basic level, these programs generate geographic diversity. But since high schools are frequently segregated by class and race, percent plans also create socioeconomic and racial diversity by opening the door to graduates from under-resourced high schools. These are students who may never before have considered attending a major research university." -Potter
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Adding Socioeconomic Factors to Admissions
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"Colleges also added socioeconomic factors to admissions decisions, looking at measures such as family income, wealth, single parent status, neighborhood demographics, parents' education level, and high school performance. The University of Washington, for example, started asking applicants to answer questions about any personal hardships or work or family obligations they've faced. And the university gives a leg up to students who faced disadvantages but showed impressive academic performance in light of those challenges." -Potter
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Funding New Financial Aid Programs
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"Financial aid is a crucial ingredient in supporting low-income students once enrolled, and comparing aid packages can be an important factor as students decide where to enroll. A number of states created new financial aid policies to increase support for low-income students, encouraging them to apply. In Nebraska, for example, the Collegebound Nebraska program now offers free tuition at any of the University of Nebraska campuses for all Nebraska residents who are Pell Grant recipients and maintain a full-time enrollment with a minimum GPA." -Potter
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Improving Recruitment and Support
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"Universities also increased outreach and support for low-income students. Research shows that a majority of high-achieving low-income students don't know about their college options, and two-thirds do not even apply to any selective colleges. The University of Florida, for example, created a special program to reach out to first-generation students, who are the first in their families to attend college, and encourage them to apply. The university also supports them once enrolled, giving them full scholarships with no loans and running special leadership and mentoring programs." -Potter
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Dropping Legacy Preferences
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"Legacy preferences, which give a leg up to children of alumni, disproportionately benefit white, wealthy applicantsâindirectly harming the admissions chances of disadvantaged applicants. The University of California System, the University of Georgia, and Texas A&M University all dropped legacy preferences after ending affirmative action." -Potter
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Future of Affirmative Action
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Many legal experts suggest that now is the time for universities to begin seriously thinking about how to promote racial, ethnic, and economic diversity in new ways -Future Article
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Results from States who are away from affirmative action
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IDENTIFY THE MORALITY OF AFFIRMATIVE ACTION IN COLLEGE ADMISSION
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Immoral
