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Affirmative Action Presentation

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by

Leslie Shuler

on 4 December 2013

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Transcript of Affirmative Action Presentation

History of Affirmative Action
The idea of affirmative action was foreshadowed as early as the Reconstruction Era, which followed the U.S. Civil War

Affirmative action officially developed during the four decades following the decision in Brown v. Board of education (1954)

While the Brown decision declared segregated schools unlawful, it did not create affirmative action to remedy discriminatory practices

Green v. County School Board (1968)
Leslie Shuler,
Shayne Figgins,
Devonte Wilson,
& Darius Perkins
College Admissions
Quota System
University of California vs. Bakke (1978)
Ruled racial quotas violated Equal Protection Clause
Allowed race to be considered as admissions factor

Hopwood vs. Texas (1996)
U.S. Court of Appeals rules race cannot be an admissions factor
What is Affirmative Action?
Affirmative action consist of policies and programs in which an institution or organization actively engages in efforts to improve opportunities for historically excluded groups in American society.
Positive steps designed to eliminate existing and continuing discrimination, to remedy lingering effects of past discrimination, and to create systems and procedures to prevent future discrimination
Commonly based on population percentages of minority groups in a particular area. Factors considered are race, color, sex, creed, and age.
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".
Arguments Against Affirmative Action
Affirmative action was created to ensure fair admission practices and to rectify a long period of racial discrimination
Policy is outdated and causes a form of reverse discrimination by favoring one group over another
Concern that minority groups may be stigmatized and treated differently by peers and professors who believe that the success of minority groups is unearned.
Policies lower standards and make students less accountable for test scores, grade point averages, etc.
Legal Basis for Affirmative Action
BILL SCHUETTE, ATTORNEY GENERAL OF MICHIGAN (petitioner), V. COALITIONTO DEFEND AFFIRMATIVE ACTION, INTEGRATION AND IMMIGRANT RIGHTS AND FIGHT FOR EQUALITY BY ANY MEANS NECESSARY (BAMN,ET AL.) (respondent)
There are numerous federal and state legislative acts, as well as executive orders which prohibit discrimination of various types in the workplace.
Title VII of the Civil Rights Act of 1964
Title IX of the Education Amendments of 1972
Executive Order 11246
Age Discrimination Act of 1975
Legal Basis for Arguments
Arguments for Affirmative Action
Affirmative action makes sure that educational institutions, workplaces, and other institutions reflect our diverse community.

Generally, women and minorities face obstacles in gaining admission to higher educational institutions and workplaces.

To ensure a diverse student body, and subsequently a diverse workplace, admissions and employment policies that balance out these obstacles are still sorely necessary.
May be unconstitutional under the Equal Protection Clause of the Fourteenth Amendment
Programs may be illegal under Title VI of the Civil Rights Act of 1964
Prohibits discrimination based on race, color or national origin by recipients of federal financial assistance
Arguments Continued
Policies do not necessarily help economically disadvantaged students
Hoover Institution found that affirmative action benefits middle and upper class minorities
States should focus on programs aimed at encouraging equal opportunity such as setting high expectations and improving college readiness.
Affirmative action is condescending to underrepresented groups
implies that minorities need affirmative action to succeed.
Pro's of Affirmative Action
"I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin, but by the content of their character"
-Martin Luther King Jr.
Among other things, Race is a social construct
Genetic factors that unite us outweigh cosmetic factors
A majority of Americans are of mixed ancestry
How do you determine what is a minority?
Resurrect terms such as quadroon/octoroon?
Affirmative Action exists because society voluntarily cooperates with the system.
Ideas for Thought
Proponents point out that American history is tainted with the stains of atrocious laws that were created to keep minorities, including Blacks and women, on the periphery of American society.

Supporters state that due to the socioeconomic condition of minorities, the encouragement from government plays a very important role in ensuring that people are able to bring themselves and their families out of abject poverty.

In the absence of affirmative action, people might not get the boost that is so essential for disadvantaged groups.
Race refers to a person's physical appearance, such as skin color, eye color, hair color, bone/jaw structure etc.
It does not refer to intelligence.
Race is a human invented concept, not a biological separation.
The word "Race" is a loaded question
Relationship between signifier and signified is a body of politics
Individuals become constrained by a system of identification that is rich in discrimination and destructive.
Affirmative Action reinforces discrimination.
Other Notable Cases
Griggs v. Duke Power co. (1971)
Wygant v. Jackson Board of Education (1986)
City of Richmond v. Croson (1989)
Farmar v. Ramsay (1998)
Thompkins v. Alabama State University (1995)
Pollard v. Oklahoma State Regents for Higher Education (1999)
Supporters of Affirmative Action
Race is just one of many characteristics that are taken into consideration when colleges consider college applicants, other things such as location, extra curricular activities(sports), and relation to alumni. Yet race is the most controversial to this day.
Current Status
References
National Conference of State Legislatures

• http://www.ncsl.org/research/education/affirmative-action- overview.aspx
• http://www.ncsl.org/research/education/affirmative-action-court-decisions.aspx
The Free Dictionary By Farlex
• http://legal-dictionary.thefreedictionary.com/affirmative+action
JSTOR
• http://www.jstor.org.ezproxy.lib.uwf.edu/stable/40542321?&Search=yes&searchText=affirmative&searchText=action&list=hide&searchUri=%2Faction%2FdoBasicSearch%3FQuery%3Daffirmative%2Baction%26acc%3Don%26wc%3Don%26fc%3Doff&prevSearch=&item=1&ttl=88942&returnArticleService=showFullText

Literati by CREDO
• http://literati.credoreference.com.ezproxy.lib.uwf.edu/content/entry/sageukrace/affirmative_action/0?result=9

Timeline Of Affirmative Action Milestones
http://www.infoplease.com/spot/affirmativetimeline1.html
Full transcript