...The constitutional issue was Allan Bakke a white male who applied to and was rejected from the regular admissions program, while minority applicants with lower grade point averages and testing scores were admitted under the speciality admissions program. Bakke filed suit, alleging that this admissions system violated the Equal Protection Clause and excluded him on the basis of race. The parties that were involved in the case were Allan Bakke, Supreme Court, Justice Powell, and also the Blacks, Chicanos, Asians, American Indians. The case had taken place by the Supreme Court of the United States which was argued on October 12, 1977, and was decided on June 28, 1978. Before the Supreme Court began when Allan Bakke applied at The Medical School of the University of California at Davis which had two admissions programs for entering the class of 100 students the regular admissions program and the special admissions program. Though he had a 468 out of 500 score in 1973, he was rejected, since no general applicants with scores less than 470 were being accepted after respondent's application, which was filed late in the year, had been processed and completed. In 1974 Bakke had applied early, and though he had a total score of 549 out 600, he was again rejected. In those two years his name was not placed on the discretionary writing list. In both years, special applicants were admitted with significantly lower scores...
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...Discrimination Legislation MGMT221-1004B-01 Nadeige Jovin American Intercontinental University 11/07/2010 Abstract In order to complete the diversity training manual; as a human resources manager, this paper will cover the definition of Affirmative Action, explain what the initial intent of Affirmative-Action legislation was. It will also talk about the landmark Bakke versus Regents case concluded, give the positive and negative results of Affirmative Action legislation, and tell if the Affirmative Action legislation is still appropriate in that situation. Discrimination Legislation Introduction Some form of affirmative action had existed in the late 1800s but the extension and enforcement of it really started in the late 1900s. Effectively, the term “affirmative action” was first employed by President Lyndon Johnson in1965 in the Executive Order 11246. The order was applied to the federal government employees to make sure they were employed, treated without regard to their race, belief, color, and nationality. That order was expanded to protect women from discrimination in 1967 by Lyndon Johnson (www.wisegeek.com, Oct, 2010). Definition of Affirmative Action Affirmative action is a set of public positive policies and practices designed to help eliminate past and present discrimination based on race, color, religion, sex, or national origin, against minorities in the search of employments, admission to colleges and universities or some government contracts...
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...Discrimination Legislation Vernecia Denson American Intercontinental University March 10, 2012 In this paper, you will learn and know how to recruit for a more diverse work team. The word affirmative action will be recognized and defined. You will learn what the initial intent of Affirmative-Action legislation was and why it was created. We will distinguish what the positive and negative results of the Affirmative Action legislation and is this legislation still appropriate today. We will learn what the landmark of Bakke v. Regents case included and how it applied and ties in with affirmative action. We will see what was the basis for the conclusion of this case? When thinking about discrimination in the workforce, the words affirmative action comes to mind. Affirmative action was a law put into action to take positive steps that would increase the representation of minorities and women in areas of employment, education, and businesses from which in historical times were excluded (Fullinwider, 2009). Affirmative action wanted to increase not noticing the basic structures based off of race, gender, or ethnicity when making decisions (Fullinwider, 2009). This action is still around till this day. Affirmative action was initiated first by President John F. Kennedy in 1961. This order showed that Federal contractors was suppose to take affirmative action to guarantee that job applicants and employees are treated fairly and would have a fair opportunity regardless of...
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...equally and held inherent rights. Our founding fathers immediately ingrained discrimination into the bones of this country and set the stage for years of struggle to achieve equal opportunity. After 185 years of denying equal social and economic opportunities to minorities and women, America’s leaders chose to act. The actions of John F. Kennedy and Lyndon B. Johnson brought forward a plan called affirmative action: to address the under-representation of qualified minorities and women in higher education and the workplace. With a foundation that contains discrimination in its core, affirmative action did not come without controversy. It has been the central topic of notable Supreme Court cases such as University of California Regents v. Bakke, Grutter v. Bollinger, and Fisher v. University of Texas. Many who oppose affirmative action argue that race-conscious programs lead to reverse discrimination and group preferences over individual merit. Through arguments, data and research, it will be shown that affirmative action is indeed an effective remedy for addressing racial inequality in higher education and other institutions. Without it in this current time, large negative effects would be felt throughout higher education and higher education. Affirmative action’s origins stem from an executive order that John F. Kennedy wrote in regards to the hiring practices of employers. It stated “...will not discriminate against any employee or applicant for employment because of race, creed...
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...Some of the arguments against affirmative action include: * It is unfair to judge applicants on anything other than their merits. – There are numerous factors that a college should take into account when considering applicants – grades, test scores, and extra-curricular activities. An applicant’s race is not a legitimate factor to take into consideration because it is outside of the student’s control. It is impossible for a college to consider every aspect of a student’s background when making decisions on whom to admit. Why focus on race when there are so many other things that differentiate students from one another? * Affirmative action does not lead to true diversity. – Diversity of opinion is important in an academic community, not racial diversity. Affirmative action provides an advantage to some people because of the color of their skin. This is not an attribute that is relevant to the academic mission of a college. Affirmative action gives preferential treatment based exclusively on race, which is a purely external characteristic. * Affirmative action does not help really disadvantaged groups. – In many cases, affirmative action does not achieve its goal of helping disadvantaged minority groups. What it does is perpetuates socioeconomic inequalities by making it easy for members of racial minorities from privileged backgrounds to get into prestigious colleges while not helping members of the lower classes. * White Men Win $11 million Lawsuit for Reverse...
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...new legal equality gained for minorities with social and economic equality. This paper I will discuss the history, advantages and disadvantages of affirmative action in college admissions. After explaining these issues I will state and my belief on the issue of affirmative action in college admissions. In 1961, President Kennedy signed Executive Order No. 10925, putting the term “affirmative action” its first use in relation to civil rights (Cable News Network [CNN], 2003). In 1964 President Johnson signed into law the Civil Rights Act of 1964. Included in the Act is Title VI, which prohibits race discrimination in education Racial quotas for public colleges were declared unconstitutional by the Supreme Court in the case of Bakke v. California. Since then, public colleges seeking to increase diversity have used other types of...
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...Affirmative Action MGMT345 AIU Abstract This paper will discuss Affirmative Action and the initial intent of its legislation. It will discuss the conclusion of Bakke v. Regents and its basis. It will also discuss the positive and negative results of the AA legislation. Affirmative Action Introduction US history has shown us that not everyone has always been considered equal. Americans were allowed to own slaves and work them however they saw fit. After slavery was abolished, African-Americans were still not treated fairly. There was a “separate but equal” state of mind among Americans which kept whites and black separate in the workplace and schools. Once schools and workplaces were segregated the African-Americans were still treated unfairly. Today we see a lot less unfair treatment towards African-American’s because of the Affirmative Action policies and cases like Bakke v. Regents. What is Affirmative Action? What is Affirmative Action? Women and minorities are allowed entry into professions that were formally off limits to them because of affirmative action programs. Initiated in the 1960s this federal agenda was designed to counteract the discrimination towards women and ethnic minorities (Nittle, 2012). This program is meant to promote equal opportunity in employment, education, government sectors, and more. It is not meant to create reverse discrimination but in its modern form affirmative action can cause reverse discrimination by admissions officers...
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...Case Study Analysis The purpose of this paper is to review and select the case studies in Ch. 2 of Human Resource Management. The author will explain and summarize University of California Regents vs. Bakke case summary, the court’s ruling, how the court’s ruling may possibly impact the organization and for businesses in general, legal precedence the ruling sets for most businesses, and the role the federal enforcement agency plays in ensuring the organization’s compliance to regulation standards. Case Summary The University of California at Davis developed and implemented a special admissions program to increase enrollment of “disadvantaged” applicants, which meant minority students. The number of minority students increased. The special admissions goal was to fill 16 of the 100 positions with “disadvantaged” applicants whom would be selected by a special admissions committee. Allan Bakke, a Caucasian male, was denied admission to the school twice. Bakke brought a suit against the university on the grounds of Civil Rights Act violation and reverse discrimination, alleging preferential treatment of one group (minority or female) over another group opposed to equal opportunity (Byars & Rue, 2008). Court’s ruling The Supreme Court ruled in a five-to-four decision in favor of Allan Bakke and deemed the schools admissions system to be illegal. However, by another five-to-four vote, the Court held that at least some forms of race-conscious admissions procedures are...
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...concerned. A consequence of this action was seen in the case Bakke v. UC Regents, a case in which medical schools were setting aside racial quotas and accepting this quota of African-American students even though it was proven that their test scores were generally lower (Abernathy 1233). These quotas are not just for either race and racial equality is ultimately set when race doesn’t play a factor in whether someone gets hired or accepted into a position. There has been a host of court cases in America dealing with this “Affirmative action” issue in colleges and graduate schools. A look at this progression will help people to understand where Affirmative action is today and how colleges accept students based on race. Bakke v. UC Regents is an example case of a bigger issue in America about the fairness of affirmative action. This case is also what the first case to appear that really dealt with a racial bias as it was concerned to acceptance into a professional school. While affirmative action is not the reason in which this school set racial quotas, the idea behind setting it is the same as the idea behind affirmative action. With this information, the parallels may be considered almost identical. UC Regents refers to the governing board of the state medical schools in California. This particular case happened at the University of California, Davis, which is a state Medical School in Davis, California. Allan Bakke applied...
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...History of Affirmative Action Human Resources Research Paper BUSI 526 Section D October 30, 2010 Aurelia Mouton Abstract Affirmative action has a relatively short history in the United States. The idea of affirmative action begin to come into play in 1961 when politicians and Presidents alike believed that there needed to be a way to rectify the previous injustices dealt to the minority community in regards to workplace. The text mentions that affirmative action uses “numerical analysis to determine which (if any) target groups the firm is underutilizing relative to the relevant labor market” (Dessler, 2011, 60) and that affirmative action was put into place to eliminate barriers to equal employment. This may be true but from its’ very inception, affirmative action has been met with resistance. History of Affirmative Action Affirmative action has seemed to find its way into the lives of many. It was originally created to make employment opportunities and practices fair for people that were non-white U.S. citizens but has since grown and evolved into much more. The beginning concept of affirmative action was to make right the many years that African Americans were bound because of slavery, discrimination after the abolition of slavery and lack of education that prevented many of them from getting decent jobs. Many positive things can be said about affirmative action when it works; however there are many people that fight against it because of...
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...that the affirmative action notion corrects the incongruities of opportunities for underrepresented minorities who may have not otherwise had any privilege to certain employment, school admission, and/or societal benefits. Cases such as University of California v Bakke, Grutter v Bollinger, and Fisher v Texas have been cognizant of the resourceful means of the affirmative action notion and its implementation. However, cases like City of Richmond v Crosan and Adarand v Pena have been unsympathetic of the affirmative action idea and reject its practice. I tend to disagree with the verdicts delivered in both City of Richmond v Crosan and Adarand v Pena for reasons that allude to the upward mobility of historically oppressed people. In 1978, Allen Bakke applied for admission to the University of California twice and was rejected both times. The school admitted that they reserved 16 spots out of each entering class of about 100 for qualified minorities as part of the University’s affirmative action program to bolster minority inclusion at the University. Bakke had an academic record that was exceptionally better than most of the minority candidates who applied for the school but was denied on the basis that he was not a minority. Bakke contended in the...
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...Legal challenge to Regents of University of California v. Bakke The first legal challenge to the Regents of University of California v. Bakke (1978), was from the Hopwood v. University of Texas Law School, (1996) case. In this case, Cheryl Hopwood filed a federal lawsuit against the university. Hopwood, a white female, was denied admission to the University of Texas School of Law. Furthermore, despite having higher test scores than some of the admitted minorities students. The Supreme Court opinion stated the law school had presented no compelling justification, under the Fourteenth Amendment or Supreme Court precedent, that allowed the University of Texas School of Law to continue to use race in their admission process. The Hopwood case remained...
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...Bakke, a white applicant to the University of California, Davis, Allan Bakke, filed a law suit against the university claiming their admissions process violated the 1964 Civil Rights Act and the Equal Protection Clause of the Fourteenth Amendment. (Marin & Horn, 2008, p. 2) The medical school had set racial quotas to allow 16 out of 100 spots in the program to be reserved specifically for minority students, a process Mr. Bakke argued to be “reverse discrimination.” (Stefoff, 2006, p. 6) Although the Supreme Court ultimately ruled this “quota system” was unconstitutional and ordered the university to admit Bakke into the medical program, the ruling also allowed for race to be considered an admission factor for the purpose of achieving a diverse student body. (Marin & Horn, 2008, p....
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...thus help them be accepted. These extra policies can used in jobs, universities and other similar competitive based applicable positions, normally they include race, religion or sex. These policies limit the field of applicants and thus make applying for an opening unfair to all that are not helped by it. It also helps create a wider gap in what we would want to have, equality. Instead of focusing on the helping it hides the origins of the original problem which is insufficient help to specific areas of cities, states and counties. During the year of 1978, the court case, Regents of the University of California v. Bakke was a major debate towards that of Affirmative action. Bakke was a 33 year old that had applied to UC Davis Medical School. Even though he had outstanding perquisites he was denied because of the school’s affirmative action helping minorities gain entrance even though they had lower scores. Upon learning of this Bakke decided to take the UC system to court upon which he won and was allowed attendance to the university. Traditionally, we have believed that the highest positions in society should be awarded to those who are best qualified. Rewarding excellence both seems just to the individuals in the competition and makes for efficiency. Although this may lead to lack of diversity when it comes down to the major positions such as manager, judges and other positions similar to these. However would we not want the...
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...Affirmative Action Julia Samsa The History of Affirmative Action: Landmark Cases and Legislation Affirmative action refers to policies designed to increase the presence of “underrepresented” demographic groups-such as racial or ethnic minorities and women-in specific sectors of the workforce or in the student bodies of American universities (Affirmative Action, 2010). Affirmative action policies are founded on the premise that any observed imbalance in a given workforce or student body is due, either wholly or in part, to past and/or present discrimination-the remedy for which consists of compensatory preferences in favor of the underrepresented group(s). These measures most commonly take the form of lowered standards for the hiring, promotion, or admission of members of the preferred groups and set-asides which reserve or earmark a designated percentage of slots for members of the preferred group. Historically, the origins of affirmative action were subtle and incremental. The term “affirmative action” was first introduced to the nation by President John F. Kennedy in March 1961. The President signed Executive Order 10925 which established the President’s Commission on Equal Employment Opportunity (Magee, 2011). By this order, any business working under a federal government contract must take affirmative action in hiring and not discriminate on the basis of race, creed, color, or national origin (Wilcher, 2006). JFK’s order did not advocate for the preferential treatment...
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