Why Is Affirmative Action So Controversial and Do We Still Need It?
What’s It About? Affirmative action was established after passage of the Civil Rights Act of 1964 as a corrective to better balance historic prejudice against disadvantaged applicants for employment and admissions to college. The Issue? Do we still need affirmative action?
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1. Outline the terms of the debate regarding affirmative action in college admissions using the facts of the Supreme Court case in Grutter v. Bollinger (2003).
2. What is meant by “positive discrimination”?
3. Explain structural racism in terms of racial versus socioeconomic diversity.
4. In our increasingly diverse society, why should one group, or class, of college applicants be treated differently than others?
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1. In the case of Grutter v. Bollinger (2003), the Supreme Court upheld the use of affirmative action in college admissions as long as it considered race as one of many factors in a holistic review process. The University of Michigan Law School's admissions policy was challenged by white applicant Barbara Grutter, who argued that she was denied admission based on her race. The Court ruled in a 5-4 decision that the use of race in admissions was constitutional, as long as it served a compelling interest in achieving educational diversity, and that the policy was narrowly tailored to achieve that goal.
2. "Positive discrimination" refers to policies or actions that are intended to give preferential treatment or opportunities to historically disadvantaged or underrepresented groups. It is a way to counterbalance past discrimination and create equal opportunities for these groups.
3. Structural racism refers to a system or pattern of policies, practices, and norms that perpetuate racial inequality and disadvantage certain racial groups. In terms of racial versus socioeconomic diversity, racial diversity focuses on ensuring representation and equal opportunities for different racial or ethnic groups, while socioeconomic diversity aims to address economic disparities and provide opportunities for individuals from different income backgrounds.
4. One argument for treating certain groups differently in college admissions is the need to address historical and ongoing disadvantages faced by those groups. Affirmative action aims to level the playing field and rectify the effects of systemic discrimination. Critics argue that it creates reverse discrimination or unfairly penalizes individuals who have worked hard and deserve admission based solely on merit. Supporters contend that diversity in college campuses enhances the educational experience for all students and prepares them for a diverse society. The ongoing debate centers around questions of fairness, fairness, merit, and the effectiveness of different approaches towards achieving equality and inclusion.
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