...simple agreement of not discriminating was not sufficient to correct the issue of prejudice (Kovach, Kravitz & Hughes, 2004). Many companies and universities have specific policies to employ people from diverse backgrounds in order to create a more positive organization culture. Many organization realize that affirmative action programs are controversial publicly and inside the workplace. Oftentimes the court system upholds affirmative actions programs when organizations use Title VII as a defense of the practice. One of the biggest arguments against affirmative actions is the concept of reverse discrimination. If an organization is using preferences versus qualifications for their decisions, these actions could be considered discriminatory against persons within the majority race. Since minority have suffered many years of disadvantage due to prejudice and racism, the perceived discrimination against the majority in these situations would be minimal at best. Sometimes individuals who benefit from affirmative action have issues with the connotation that they have received...
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...GENDER-BASED AFFIRMATIVE ACTION AND REVERSE GENDER BIAS: BEYOND GRATZ, PARENTS INVOLVED, AND RICCI ROSALIE BERGER LEVINSON* I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II. History Behind the Affirmative Action Race/Gender Anomaly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III. The Circuit Split on the Race/Gender Conundrum . . . . . . . . . IV. Analogy to Race-Based Affirmative Action . . . . . . . . . . . . . . . . . A. Remedial Purpose as a Justification for Affirmative Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. The Diversity Rationale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C. The Arguments Against Affirmative Action . . . . . . . . . . . . . V. Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I. INTRODUCTION The blockbuster race discrimination cases in recent years have all involved affirmative action and reverse discrimination. The Supreme Court has made it clear that race classifications, whether benign or invidious, will trigger rigid strict scrutiny analysis, which requires that the government prove its program is narrowly tailored to serve a compelling interest. In 2003, the Court, in Gratz v. Bollinger,1 ruled that while student diversity in educational institutions may be a compelling interest, an affirmative action program...
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...Equality and reverse discrimination are key factors surrounding the debate over affirmative action. The debate in itself demonstrates the necessity of affirmative action as the discussion points toward not supporting minorities even though a divide exists in equality. However, in order to prove this theme one must contemplate the reason for affirmative action, the Utilitarian and Kantian stance, and prove that inequality still occurs. Following this further, what then is the purpose behind affirmative action? Ultimately, institutional racism is the main reason for affirmative action which points toward social structures that have become oppressive to certain ethnicities (MacKinnon 2015). Due to a lack of the principles of equality within American colleges and the workforce the affirmative action law was introduced (Boylan 2002). The principle of equality states that identical things must be treated as such (MacKinnon 2015). Hence, activities that do not treat all humans as equal are unjust....
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...The law courts have been struggling with various types of the discrimination cases including those that are considered reverse discrimination. Under the title VII of the civil rights act of 1964, the employers should not discriminate the employees based on race, sex, gender, religion or the nationality irrespective of who the victim of discrimination might be considered (Findlaw, 2017). Under the same title, the employers are not supposed to create programs and the policies that would have a disparate impact or adverse effect on the members of a protected class. However, the courts and the state laws have interpreted this in different ways in the discrimination cases with majority suers. Despite the fact that some forms of discrimination in...
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...Affirmative action can be said to involve reverse discrimination. It is argued that past discrimination against certain minority groups does not justify any discrimination against non-minorities. The Constitution states that all people are equal and should be treated accordingly. Therefore, affirmative action emphasizes stereotypes and racism because individuals may get positions due to affirmative action even if they are not qualified. The law indicates that all people of the same skin color are from the lower class, and therefore need help, which is wrong. Most of the times, people with the same skin color are not the same in opinion or culture. Affirmative action destroys the idea of a meritocracy thereby fronting gender and race as the dominant factor in admissions and hiring procedures. Therefore, qualifications should place the best people for a position should, regardless of race and gender. Affirmative action compels employers to overlook applicants who are smart and highly qualified thus focus on those who are not qualified since they meet the standards of affirmative action. Although affirmative action may expect one to be well qualified for a vacancy, in some...
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...Affirmative action is defined as an action or policy favoring those who tend to suffer from discrimination, especially in relation to employment or education. (“Affirmative) Many people who are often not favored by affirmative action policies, claim affirmative action to be reverse discrimination-- which is: the practice or policy of favoring individuals belonging to groups known to have been discriminated against previously. In the case of this “Ambassadors of the World” trip, a student who was not selected by the committee and is not a member of the one of the 3 disadvantaged groups favored by the affirmative action plan is unable to claim to be a victim of reverse discrimination. This is simply due to the fact that they had a fair opportunity at receiving one of 15 spots on the trip that had not been reserved for a member of disadvantaged groups. The principal’s quota of 5 reserved spots is a very reasonable limit due to it being 25% of the total population of students selected for the trip....
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...A Growing Trend in the Workplace: Reverse Sexual Harassment Management 3324 Abstract With more and more women in the workplace and in positions of supervision reverse sexual harassment has become one of the fastest growing human resource issues today. According to the U.S. Department of Labor (2008) there is over 37 women CEOs in the Fortune 1000 companies and women makeup a little more then 55 percent of the work force. The removal of the glass ceiling has not come without some problems. From 2000 to 2004 reverse sexual harassment charges rose 34 percent. In the one year’s time 2004 to 2005 reverse sexual harassment charges rose 17 percent, doubling the previous four years. With several landmark judgments in New York, New Jersey, and Michigan the precedent has been set for reverse sexual harassment cases and monetary awards. A Growing Trend in Business: Reverse Sexual Harassment Every year over 200 men file a reverse sexual harassment charge with the Equal Employment Opportunity Commission (2008). The charges range from harassment by female co-workers to male bosses ignoring their complaints. It's always worth knowing what a civil rights case is worth, but since jury awards don't get reported in the books, the only way to know is through court decisions that pass judgment on them, usually when the losing party tries to reduce the amount. Today we have a better sense of what a reverse sexual harassment is worth. In the court case of Singleton vs. City of New York (2009)...
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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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...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 to hire a minority or woman over an equally qualified opposite. What was the initial intent of Affirmative-Action legislation? The initial intent of Affirmative-Action legislation was to promote a fair share in education, employment etc. for every regardless of race or gender. It was to promote equal opportunity in education and the workplace. It was to protect the African-American...
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...In the court case Grutter v. Bollinger (2003), Barbara Grutter, a white Michigan resident, petitioned the court, alleging that her application was rejected because the school used a “predominant” factor. Grutter argued that the Law School gave certain minority groups a greater chance of admission than students with similar credentials to herself. Affirmative action leads to reverse discrimination, and in cases like Grutter v. Bollinger (2003), it allows students to be admitted into school that they are often ill-equipped to handle. Affirmative action basically forces workplaces and schools to discriminate against whites, giving them an unfair disadvantage. Affirmative action is a way of trying to solve racial injustice, by imposing more...
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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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...The issue of race in America is now widely regarded as a socioeconomic issue whereas a few decades ago, racism was a more violent word. This is to say that race these days usually boils down to a debate as to how it determines a person’s opportunities in life. Affirmative action was created to help shift the equilibrium struck in the U.S. as far as statistics of African Americans working in high-paying professional environments are 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...
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...1. Is the Bruin Diversity Plan constitutional according to the Equal Protection Clause, strict scrutiny, and the Grutter v. Bollinger and Gratz v. Bollinger cases? Your response should include a summary of the basic facts and holding of the Grutter and Gratz cases and clearly apply the legal test of strict scrutiny to the Bruin Diversity Plan. The “Bruin Diversity” plan is a proposed admission policy that’s goal is to promote greater student body diversity. The “Bruin Diversity” plan has four stated goals. Goals that aim to reduce historic deficit of ethnic minority groups, to remedy the effects of societal discrimination of ethnic minority groups, to increase the number of professionals who will practice in underserved communities, and to obtain an ethnically diverse student body. The “Bruin Diversity” admission process will utilize a “Selection Index” (point system). The ethnic minority applicants will also receive an extra 20 points and be evaluated by a special committee. Approximately 33% of all admission slots will be given to ethnic minority groups, thanks to...
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...FINAL (1) Is an employer liable for racial discrimination because she terminates a black male who refuses to abide by the "no-beard" rule? Why or why not? The employer can be liable to racial discrimination because she terminates a male who refuses to abide the rules. The discrimination in which is indeed a couple of industries where beard would have adverse the effect of safety. The representational policies for certain duties apply regardless rate in racial discrimination in which an employer can still fired for wrong reasons. If the rule is applied for all employers then someone can exclude certain rules because the race has nothing to do with it. (2) Is it a violation of wage and hour laws for an employer to hire his 13-year-old daughter to pick strawberries during the summer? Why or why not? The federal labor laws restrict the types of jobs in which a 13 year old can perform a certain action like picking strawberries during summer. It also states that an employer hire his own daughter to pick strawberries which shows the violation of wage and hour laws. There are certain exemptions in child labor laws which reduce the moral crime where child employment is a major issue. The state health and safety codes must still follow in family employment policies and family (3) Is an employer liable when a supervisor sexually harasses an employee, but the employer knew nothing of it? Why or why not? It appears to be very bad in a ridiculous situation in which the...
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...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 constitutional. the Court stated that race or ethnic background may be deemed a plus in particular applicant’s file, but it does not insulate the individual from comparison with all other candidates for the available positions. The decisions in this...
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