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America and Affirmative Action
Affirmative action has been the subject of increasing debate and tension
in
American society. However, the debate over affirmative action has become
ensnared in
rhetoric that pits equality of opportunity against the equality of
results. The debate has
been more emotional than intellectual, and has generated more tension
than shed light on
the issue. Participants in the debate have over examined the ethical and
moral issues that
affirmative action raises while forgetting to scrutinize the system that
has created the
need for them.
Too often, affirmative action is looked upon as the
panacea for a nation
once ill with, but now cured of, the virulent disease of racial
discrimination. Affirmative
action is, and should be seen as, a temporary, partial, and perhaps even
flawed remedy
for past and continuing discrimination against historically marginalized
and
disenfranchised groups in American society. Working as it should, it
affords groups
greater equality of opportunity in a social context marked by
substantial inequalities and
structural forces that impede a fair assessment of their capabilities.
Perhaps the biggest complaint that one hears about affirmative action
policies
aimed at helping Black Americans is that they violate the 14th Amendment
of the
Constitution and the Civil Rights laws., The claim is that these
programs distort what is
now a level playing field and bestow preferential treatment on
understanding minorities
because of the color of their skin. While this view seems very logical
on the surface,
many contend that it lacks any historical support and is aimed more at
preserving
existing White privilege than establishing equality of opportunity for
all. Any cursory
look at the history of this country should provide a serious critique to
the idea of a level
playing field. Since the birth of this nation, Blacks have been
enslaved, oppressed, and
exploited people. Until 1954, when the Supreme Court handed down Brown
v. Board,
Blacks were legally pushed to the margin of society where many were left
to dwell in
poverty and powerlessness. The Brown decision removed the legal
impediments that had
so long kept Blacks in the impoverished peripheral. Despite this long
awaited victory for
Black Americans, the historic decision failed to provide adequate means
for the
deconstruction of White dominance and privilege, It merely allowed
Blacks to enter the
arena of competition. This recognized and established the status quo
(White wealth and
Black indigence, White employment and Black unemployment, White
opportunity and
Black disenfranchisement) as an acceptable and neutral baseline. Without
the
deconstruction of White power and privilege, how can we legitimately
claim that the
playing field is level? Does it not seem more logical and indeed fairer
and more just, to
actively deconstruct White privilege, rather than let it exist through
hegemony?
Another critique of affirmative action policies is that they stigmatize
and call into
question the credentials of the qualified minorities. And furthermore,
that this doubt
undermines their effectiveness. This has always been the most puzzling
critique of
affirmative action in my mind. The credentials, qualifications,
character, and even the
culture of minorities have always been in question and stigmatized in
this country.
When racial categories were created, simply being in question and
stigmatized in this
country. When racial categories were created, simply being labeled a
minority carried
with it quite a slanderous stigma. Even to this day Black Americans
combat lingering
racism an stereotypes about their intelligence, tendency toward
violence, sexual prowess,
etc.... The idea that affirmative action policies introduce stigmas that
did not already
exist into the life of minorities seems nonsensical. To those who claim
that this stigma
undermines the effectiveness of Blacks because their coworkers will not
be cooperative,
or because the minority will always doubt that he or she deserves to be
there, I propose
that affirmative action will only accomplish the continued exclusion of
Black Americans
from participation within American society and thus further ingrain
stereotypes and
stigmas. Another reason that the stigma critique of affirmative action
confuses me, is
because the discussion is always limited to race and gender based
affirmative action
policies. Where is the discussion about athletes and legacy students who
are accorded
preferential treatment in university admission decisions on a yearly
basis? This focus on
gender and race based policies only reinforces my point that the stigma
minorities face
has much more to do with persistent racism than the deleterious effects
on affirmative
action.
Should affirmative action programs force people to hire unqualified
minorities? No. But affirmative action programs should cause us as a
society to re-evaluate how we
access qualifications and how we measure merit. Let us become tenure
Harvard Law
School professors for just a moment. Suppose we have two applicants for
an open
associate professor position. The first candidate is White, a Harvard
Law School
graduate, has impressive board scores, served as editor of the Law
Review, etc..., but has
never practiced law before. The other candidate is Black, a Harvard Law
School
graduate, average board scores, has excellent person skills, and
practiced law as the
county defendant in an inner-city neighborhood. Under the traditional
system of merit,
the White Harvard graduate gets the appointment hands down. But under
affirmative
action policies, the Black Harvard graduate receives the job. Why is
this the optimal
situation? The Black lawyer brings non-traditional, but certainly valid,
qualifications to
the table that are not recognized under our current system of merit. In
fact, common
sense suggests that he is as. or even more, qualified to train lawyers
of the future than his
White counterpart. Allowing the Black Harvard graduate to have the job
might very well
call into question how we assess the qualifications we require to be law
school professor.
This challenge to traditional qualifications brought about by
affirmative action
appointments benefits all of society by forcing us be critical of how we
assess the
nebulous notion of merit. The critics that attack affirmative action are
correct when they
say that affirmative action corrupts the purity of the process. Extreme
care must be taken
in determining who receives affirmative action program benefits and how
long and at
what rate they receive them. I must, also, agree with my critics that
affirmative action
may destroy or motion of a "color-blind" society. But, the rights of
Blacks and other
minorities to have equal opportunity forces us to take these risks.
In short, it has been recommended that broad-based affirmative action
policies
range from the workplace to the classroom. While they are not perfect
and do raise some
legitimate ethical concerns, they take us away from a system that is
inherently unfair to
some groups. The active deconstruction of the White privilege that grew
out of virulent
American racism affords Blacks a greater chance at equal opportunity and
will have the
side effect of forcing us to re-evaluate that unethically and immorally
disadvantages
minorities. These advantages outweigh the cost of the risks.
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