DO WE STILL NEED AFFIRMATIVE ACTION?

University of Akron Face2Face Presentation January 31, 2012 Bruce Freeman, Instructor Associate Studies, Summit College

Judge OConnor on Affirmative Action 2003

"We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest approved today (Sandra Day OConnor in Grutter vs. Bollinger)

Graduates of Howard University 1965

President Johnson and Howard University Graduate

Johnson Lays Out His Affirmative Action Proposals-1965

University of Wisconsin Students Protest Presenter September 2011

Roger Clegg-Center for Equal Opportunity

According to Roger Clegg, the social costs of Affirmative Action are policies that are divisive, stigmatizing, remove the incentive for academic excellence, and promote a victim mindset

Focus on Diversity
University of Akron Law School Selective Admission Standards
"In assembling each year's entering class, the Admissions Committee adopts a multifaceted recruitment strategy to ensure that the student body is not only academically talented but also representative of a diverse set 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

Undergraduate Student Body Characteristics

University of Akron Student Undergraduate Ethnic Diversity Main Campus July1, 2010-June 30, 2011 # %

Non Resident Alien Hispanic/Latino American Indian or Alaska Native Asian Black or African American Native Hawaiian/OPA White Two or more races Race/Ethnicity Unknown Total

443 400 64 494 4290 34 19115 259 879 25978

1.7 1.5 0.2 2.0 16.5 0.1 73.6 1.0 3.4 100.0

Source: University of Akron Enrollment Data

UA Main UG Enrollment 2010-2011

Ethnic Share

NR Alien Hispanic/Latino AmInd/AlN Asian Black/AA NHaw/OPI White 2 or more Unknown

Affirmative Action Programs

Begun or supported by government agencies, voluntarily

set up by private organizations (private educational entities, unions, etc.) When considering for admission or hiring, look at personal factors 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

Private Businesses & Affirmative Action

Affirmative action refers to efforts made to increase employment and

educational opportunities when previous actions historically have caused an under-representation of qualified Women, Blacks, Asians Hispanics, etc.
Private employers (50+) who are not receiving Federal dollars are not

required to employ an affirmative action plan. An employer may voluntarily 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 discrimination due 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.

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-2003
www.enotes.com

U.S Urges Creativity to Gain Diversity

December 2011 release

Departure from 2008 Federal document warning against

considering 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

 Diverse learning environments

promote development of analytical skills, dismantle stereotypes and prepare students to succeed in an increasingly interconnected world. (AG Eric H. Holder statement supporting release of new guidelines)

3 Ongoing Lawsuits
Fifth Circuit (Texas case) upheld use of race as factor at

UT-Austin Ninth Circuit (California case) Appeal in February 2012 on district court dismissing challenge to Proposition 209 1996 law outlawing race-conscious admissions 6th Circuit (Michigan case) in March hear arguments to reconsider Michigan constitutional ban on affirmative action

Divergent Views

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

Pew Research Center Poll-2009

Findings:
Only 31% agreed we should make every effort to

improve the position of blacks and minorities, even if it means 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,

PewReseach Center Finding 2009

PewResearch Center Finding 2009

Pew Poll (continued)

Broad increasing support for Affirmative Action programs

for Blacks, women

70% supported; 25% opposed 1995-2007 sharp increase in whites favoring these programs (65%

up from 53%) Far less support when programs are described as giving preferences to minorities

PewResearch Finding 1995-2007

PewResearch Trends 2007

Quinnipiac Poll-June, 2009

Tot Rep Dem Ind Men Wom Wht Blk His

Continued Abolished DK/NA

36% 18% 57% 30% 55 73 33 63 9 9 10 8

31% 62 7

39% 50 11

27% 64 10

78% 45% 14 46 8 9

Question: Do you think affirmative action programs that give preferences to blacks and other minorities in hiring, promotions and college admissions should be continued, or do you think these affirmative action programs should be abolished

USA Today/Gallup Poll August 4-7, 2011

"How much of a role, if any, do you think the government should have in trying to improve the social and economic position of blacks and other minority groups in this country: a major role, a minor role, or no role at all?" 8/4-7/11 Blacks Whites 6/6-25/05 6/9-30/04
Major role %

27 59 19 37 40

Minor role %

46 32 50 44 45

No role %

26 8 30 17 14

Unsure %

1 1 1 2 1

Eleven Myths About Affirmative Action to consider

The only way to create a color-blind society is to create color-blind policies 2. Affirmative action has not succeeded in increasing minority and female representation 3. The playing field is pretty level now 4. Public doesnt support affirmative action 5. Whites will lose out if affirmative action is continued 6. If others can advance rapidly, so can African Americans 7. You cant cure discrimination with discrimination 8. Undermines self-esteem 9. Social engineering by liberal Democrats 10. Support for affirmative action = support for unqualified candidates 11. A cure-all for inequality
1.
Adapted from: Plous, S.(ed.) . Understanding Prejudice and Discrimination. pp 206-212. New York: McGraw-Hill

Mend It, Dont End It

My fellow Americans, affirmative action has to be made consistent with the highest ideals of personal responsibility and merit, and our urgent need to find common ground, in order to prepare all Americans to compete in the global economy of the next century. Speech at the National Archives, July, 1995

William M. Chase - Affirmative Inaction: The Politics of Affirmative Action-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 outcomes Thomas Espenshade,

Princeton Bright light: Private colleges with religious underpinnings keyinsulated from court litigation on affirmative action

Justice John Marshall Harlan Calls Out in Dissent-1886

"My brethren say that when a man has emerged

from slavery, and by the aid of beneficent legislation has shaken off the inseparable concomitants of that state, there must be some stage in the progress of his elevation when he takes the rank of a mere citizen, and ceases to be the special favorite of the laws, 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

The American public seems to have gotten to the point where it believes the statute of limitations has run out on the wrongs that led to affirmative action, and it wants these programs ended. Peter Brown, Institute Assistant Director, Quinnipiac University Polling Institute

Do We Still Need Affirmative Action?

Some Affirmative Action options for discussion:
Yes, we have not yet lifted up the disadvantaged to

compete 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 rather than racial preferences No, its time to move beyond affirmative action and remove all consideration of race, gender, ethnic background in matters employment or education No, but we should continue to strive for encouraging diversity in all schools and the workplace

Thank You
Thank you for attending this Face2Face Presentation! Visit http://aaf2f.blogspot.com for a copy of this

presentation and brief summary of comments made today by you