Preview

Affirmative Action in Higher Education

Powerful Essays
Open Document
Open Document
1374 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Affirmative Action in Higher Education
Affirmative Action in Higher Education
In its tumultuous forty year history, affirmative action has been both praised and attacked as an answer to racial inequality. The policy was introduced by President Lyndon Johnson in 1965 as a method of redressing discrimination that persisted despite civil right efforts and constitutional guarantees. After the passage of Title VII, which prohibits employment discrimination on the basis of race, color, religion, sex and national origin, President Johnson shaped affirmative action through the passage of Executive Order 11246 in 1965. The executive order requires government contractors to "take affirmative action" toward prospective minority employees in all aspects of hiring and employment.
On college campuses nation wide, the debate over affirmative action policies started with the implementation of Title VII. Many viewed affirmative action programs as a tool that would not only expand the opportunities of minorities but also play a significant role in diversifying America's colleges and universities. However, in the late 1970's, despite its good intentions, flaws in the policy began to show up. Reverse discrimination became an issue, exemplified by the Regents of California vs. Bake case in 1978.
Allan Bakke, a white applicant, had been denied admission twice to the University of California Medical School at Davis, while less qualified minority students were being accepted. The medical school had separate admission policies for minority students and reserved and certain amount of spaces specifically for minorities. Bakke had felt that he had been discriminated against and maintained that his rejection violated the equal protection clause of the fourteenth amendment, so he took the University of California Regents to the Supreme Court of California. The Supreme Court ruled that while race was a legitimate factor in school admissions, the use of quotas as the medical school had set aside was not.
The most important

You May Also Find These Documents Helpful

  • Good Essays

    In the present case, the question is whether Joe Smith parent can file a lawsuit because he was discriminated against due to his race, sex, national origin, religion, and/or financial means. Like in the Yick Wo case, Smith is discriminated due to his national origin. Even though, his origin is white and the admissions policy might appear neutral to some, but it is applied unequally to whites. In DeFunis v Odegaard, this case was ruled moot because Defunis was in his last year of law school, so the courts would have to wait for a later case to set a precedent. In Bakke v. UC Board of Regents, the court would decide that at place of higher education can use race in their admission policy, but it cannot be the lone deciding factor. When the university…

    • 390 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    In 1978 Supreme Court case, Regents of the University of California v. Bakke, 35 year old while male, Allan Bakke applied to the University of California Davis Medical School and was rejected twice while exceeding academic requirements for admission. The university reserved 16 of 100 spots for minorities in part of their affirmative action program. Bakke sued claiming he was denied admission to the Medical school both times based on race. The California Medical School argued that their admissions process is used to guarantee all individuals an equal opportunity while creating a diverse student body. Baker argued that this admissions process violated the Equal Protection Act and the Civil Rights Act. Did the University of California violate…

    • 219 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    This article sheds light on the last affirmative action case which was 10 years ago. The article goes into detail about the 13 page dissent that Justice Anthony M. Kennedy issued after the ruling. The article also talks about whether or not colleges should be allowed to take race into consideration so that they can have diverse classes.…

    • 309 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    FACTS/BACKGROUND: Allan Bakke, a thirty-five-year-old white man, had twice applied for admission to the University of California Medical School at Davis. He was rejected both times. The school reserved sixteen places in each entering class of one hundred for "qualified" minorities, as part of the university's affirmative action program, in an effort to redress longstanding, unfair minority exclusions from the medical profession. Bakke's qualifications (college GPA and test scores) exceeded those of any of the minority students admitted in the two years Bakke's applications were rejected. Bakke contended, first in the California courts, then in the Supreme Court, that he was excluded from admission solely on the basis of race.…

    • 344 Words
    • 2 Pages
    Good Essays
  • Good Essays

    2. Before this case took place, there had recently been many cases and laws that had been implemented regarding racial segregation and discrimination. In 1964, The Civil Rights Act passed which forbids racial discrimination in any program or activity receiving federal funding ((2)"Regents of the University of California v. Bakke."). The main law that was put into question and was used in the persecutor’s argument was the Fourteenth Amendment’s Equal Protection Clause. Bakke believed that his rights under the Fourteenth Amendment were being violated by UC Davis’s admission program.…

    • 819 Words
    • 4 Pages
    Good Essays
  • Better Essays

    On June 23rd 2016, the judges of the supreme court gathered to analyze a challenge about the University of Texas of Austin’s race-conscious admissions program. This case, known as Fisher II v. The University of Texas, was brought about when senior Abigail Fisher applied to the University of Texas and did not get in. She was not accepted in the top ten percent program as well( a program in Texas Law stating that top ten percent students from all schools in Texas get automatic admission into UT Austin), and firmly believed that she had the academic status to get in. She implied that the fact that she was white and had a good financial status reduced her chances of admission into the university and that she was heavily racially discriminated.…

    • 2122 Words
    • 9 Pages
    Better Essays
  • Best Essays

    In 1965, President Johnson had brought into action a policy that ensured underprivileged minorities and women access to education, jobs, and promotion. However, in 1978 during the landmark Supreme Court case of Regents of the University of…

    • 3670 Words
    • 15 Pages
    Best Essays
  • Good Essays

    Did the University of California violate the Fourteenth Amendment's equal protection clause, and the Civil Rights Act of 1964, by practicing an affirmative action policy that resulted in the repeated rejection of Bakke's application for admission to its medical school?…

    • 813 Words
    • 4 Pages
    Good Essays
  • Better Essays

    Let’s take a closer look at the court case Grutter v. Bollinger. In this case, justices upheld the affirmative action policy that the University of Michigan had in place. In previous cases, colleges were allowed to consider race as a factor in the admissions policy. This is what is known as a precedent, which is defined as an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances. In Grutter v. Bollinger, the members of justice decided to continue to allow race to be considered as a factor in the admission…

    • 1320 Words
    • 6 Pages
    Better Essays
  • Better Essays

    Affirmative Action

    • 37361 Words
    • 150 Pages

    II. What Should Replace Racial Affirmative Action in Higher Education? 11 III. Profiles of States in Which Affirmative Action in College Admissions Has Been Banned 26 Notes About the Authors…

    • 37361 Words
    • 150 Pages
    Better Essays
  • Good Essays

    Affirmative action was first referenced to in 1961 with the signing of Executive order 10925 (Brunner). With this the Committee on Equal Opportunity was created, and was mandated that "projects financed with federal funds ‘take affirmative action ' to ensure that hiring and employment practices are free of racial bias" (Brunner). Three years later, in 1964 President Lyndon Johnson signed the Civil Rights act that prohibits any form of discrimination (Brunner). On June 4, 1965, President Johnson defined the concept of affirmative action saying, "that civil rights laws alone are not enough to remedy discrimination" (Brunner). Supporters of affirmative action say that the government must make up for the past by aiding groups that have been discriminated against. They argue that goals for hiring are necessary to integrate fields traditionally closed and minorities because of discrimination. Does achieving these goals help the American population?…

    • 726 Words
    • 3 Pages
    Good Essays
  • Best Essays

    Affirmative Action especially causes a reverse discriminate effect against Asian Americans, although also against Caucasians. The reverse discrimination caused from preferential treatment to African Americans, Latinos, and Native Americans discriminates against Asian Americans because they lose spots at colleges that they would have otherwise received. At the UC San Diego Medical School “chicanos were offered admission at five times the rate of whites and nineteen times the rate of Japanese Americans. [Asian Americans are a] nonwhite, racialized minority [that are] being hurt by [Affirmative Action]” (“Race and Representation: Affirmative Action” 273). If the goal of Affirmative Action is to reverse discrimination done to minorities in the past then Asian Americans should be included in Affirmative Action programs, not discriminated against further. College Affirmative Action programs completely ignore, if not intentionally harm, Asian American students. Statistics shown from the “University of California Berkeley show that 41 percent of the students attending are from an Asian American background [up from 20 percent before affirmative action was forbidden]. On the other hand only 14 percent of the students attending Harvard University” (College Reviews by Students for Students – College…

    • 2888 Words
    • 12 Pages
    Best Essays
  • Good Essays

    The Supreme Court was presented with the case of Fischer vs. The University of Texas where Abigail Fisher was suing the University for discrimination in their affirmative action based admissions process. The Supreme Court voted 7-1 and ruled to send the case back to the lower courts for further review and put off making any final decisions to change the U.S. policy on affirmative action, a “longstanding but fragile societal compromise, one that forbids quotas but allows using race as one factor among many in the admissions process” (Laptik). Both articles discussed in length the constitutionality of the race-based admissions process as well as explaining the Supreme Court’s position on the matter. The justices made statements that explained that the admissions programs must be subject to strict scrutiny where the it can be determined that classification based on gender, race and ethnicity occurs for the sole purpose of creating a diverse student population. The programs that use affirmative action in public universities are being scrutinized to ensure that their methods are a means to an end and serve to create diversity only. This issue will come before the Supreme Court again in the future and there will most likely be a more permanent ruling on the matter.…

    • 580 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Affirmative Action has occurred in several cases throughout the Americans history and the case that I will be referring to is Regents of the University of California v. Bakke. This case presents a challenge to the special admissions program of the Medical School of the University of California at Davis, which is designed to assure the admission of a specified number of students from certain minority groups (253). In 1973 and 1974, Allan Bakke, a white male, who applied twice to the Medical School of the University of California at Davis, was rejected even though his grade point average and MCAT scores were higher than most of the applicants. With the fact that applicants that were admitted with the special admissions program had lower scores, Bakke alleged that the Medical School's special admissions program operated to exclude him from the school on the basis of his race (258). This, he stated, violates his rights under the Equal Protection Clause of the Fourteenth Amendment. The Equal Protection Clause states that "No State shall…deny to any person within its jurisdiction the equal protection of the laws." The guarantee of equal protection cannot mean one thing when…

    • 1025 Words
    • 5 Pages
    Good Essays
  • Good Essays

    During this time, African-American students could attend predominantly white colleges in the North but not in the south. After the G.I. Bill was signed, African-American males that served in the military were able to benefit from it because it was race-neutral; however, the educational facilities that African-Americans attended were not the same as white students (McDaniel, DiPrete, Buchmann & Shwed, 2011). Not until the Brown versus the Board of Education Decision in 1954 were public K-12 schools integrated (Allen, 1992). The Brown Decision not only integrated K-12 schools, but it also desegregated the higher education academy (Harvey, Harvey & King, 2004). Therefore, colleges and universities in the southern states did not open their doors for admissions to African-American students until the 1960s.…

    • 933 Words
    • 4 Pages
    Good Essays