Background
Affirmative action has been a hotly debated and contentious issue in America since its implementation under the Johnson Administration in the 1960s. Designed to provide opportunity for underprivileged demographics, affirmative action aims to provide opportunities for groups that have historically faced discrimination in education and employment, especially minorities and women. The policy seeks to redress the effects of past discrimination by allowing highly qualified individuals from marginalized groups to be given preferential treatment in recruitment, admissions, hiring, and promotions to create a more diverse and inclusive society.
Despite being lauded for creating equal opportunities for underrepresented groups, the policy has been criticized as discriminatory and reverse-discriminatory, leading to resentment from individuals who feel that they are being denied opportunities because of their race, ethnicity, or sex, all of which are covered under Title VII of the Civil Rights Act of 1964. The highly polarized debate on the merits and flaws of affirmative action has persisted for decades, with both sides presenting compelling arguments.
The Arguments
One of the key arguments against affirmative action is that it violates the principle of meritocracy, encourages reverse discrimination, and undermines the equal protection clause of the 14th Amendment of the Constitution. Critics of affirmative action also argue that it reinforces negative stereotypes and stigmatizes beneficiaries as held to a lower standard of excellence than their non-beneficiary counterparts.
On the other hand, proponents of affirmative action argue that the policy is an essential tool to break down racial and gender barriers, promote diversity, and create a level playing field for individuals from underrepresented groups. They believe that affirmative action is essential to redress the effects of systemic racism and inequality that persist in society, and that it creates opportunities to address the underrepresentation of minorities and women in powerful decision-making positions.
With regard to women, they assume less than a quarter of all CEO positions in the U.S., and as of 2022 still only make 82 cents on the dollar compared to their male counterparts (SHRM, 2021). With regard to race, recent data from Statista indicated that the median income of black households in the U.S. is approximately half of those of their white and Asian counterparts. Furthermore, a number of related statistics illustrate further the current state of racial inequality in the United States. Unemployment is highest among Black or African American individuals in the U.S. with 8.6 percent unemployed, according to the Bureau of Labor Statistics in 2021. Hispanic individuals (of any race) were most likely to go without health insurance as of 2021, with 22.8 percent uninsured.
The Supreme Court
Over the years, affirmative action policies have been hotly contested and have faced several legal challenges. The landmark Supreme Court case of Regents of the University of California v. Bakke in 1978, reaffirmed the constitutionality of affirmative action, but stipulated that racial quotas were unconstitutional. The court established that affirmative action programs must be narrowly tailored to achieve a compelling government interest, and must not use race as the sole consideration in admissions decisions.
The upcoming Supreme Court ruling on a case involving affirmative action, Students for Fair Admissions v. Harvard, could have a significant impact on the future of affirmative action policies. The ruling could potentially result in the limitation or outright abolishment of affirmative action programs, which could impede progress towards creating a more diverse and inclusive society. It is likely that the ruling will be highly polarizing, as individuals and organizations on both sides of the debate are eagerly awaiting it.
Take-Away
In conclusion, affirmative action has played a significant role in promoting equal opportunities for marginalized groups, but it continues to be a source of controversy and legal challenges. The upcoming Supreme Court ruling may have far-reaching implications, and it will be interesting to see how it impacts the future of affirmative action policies in America.
