Affirmative Action
First published Fri Dec 28, 2001; substantive revision Wed Apr 1, 2009 owned exclusively by above web source
“Affirmative action” means positive steps taken to increase the representation of women and minorities in areas of employment, education, and business from which they have been historically excluded. When those steps involve preferential selection—selection on the basis of race, gender, or ethnicity—affirmative action generates intense controversy.
The development, defense, and contestation of preferential affirmative action has proceeded along two paths. One has been legal and administrative as courts, legislatures, and executive departments of government have made and applied rules requiring affirmative action. The other has been the path of public debate, where the practice of preferential treatment has spawned a vast literature, pro and con. Often enough, the two paths have failed to make adequate contact, with the public quarrels not always very securely anchored in any existing legal basis or practice.
The ebb and flow of public controversy over affirmative action can be pictured as two spikes on a line, the first spike representing a period of passionate debate that began around 1972 and tapered off after 1980, and the second indicating a resurgence of debate in the 1990s leading up to the Supreme Court 's decision in the summer of 2003 upholding certain kinds of affirmative action. The first spike encompassed controversy about gender and racial preferences alike. This is because in the beginning affirmative action was as much about the factory, the firehouse, and the corporate suite as about the university campus. The second spike represents a quarrel about race and ethnicity. This is because the burning issue at the turn of the twentieth-first century is about college admissions.[1] In admissions to selective colleges, women need no boost; African-Americans and Hispanics
References: DISSENTING OPINION IN UNIVERSITY OF CALIFORNIA BOARD OF REGENTS V. BAKKE, 438 U.S. 265 (1978). President George W. Bush 's Remarks on the University of Michigan Affirmative Action Case, January 15, 2003 The Supreme Court will soon hear arguments in a case about admission policies and student diversity in public universities Anderson, Terry, H. The Pursuit of Fairness: A History of Affirmative Action. New York: Oxford University Press, 2004. Appelt, Erna, and Monika Jarosch. Combatting Racial Discrimination: Affirmative Action as a Model for Europe. Oxford: Berg, 2000. Belz, Herman. Affirmative Action from Kennedy to Reagan: Redefining American Equality. Washington, D.C.: Washington Legal Foundation, 1984. Berry, Mary Francis, and John W. Blassingame. Long Memory: The Black Experience in America. New York: Oxford University Press, 1982. Bowen, William G., and Derek Bok. The Shape of the River. Princeton, N.J.: Princeton University Press, 1998. Capaldi, Nicholas. Out of Order: Affirmative Action and the Crisis of Doctrinaire Liberalism. Buffalo, N.Y.: Prometheus Books, 1985. Cashman, Dean Dennis. African Americans and the Quest for Civil Rights, 1900–1990. New York: New York University Press, 1990. Curry, George E., and Cornell West, eds. The Affirmative Action Debate. Reading, Mass.: Addison-Wesley, 1996. Daniel, Jack, and Anita Allen. "Newsmagazines and the Black Agenda." In Discrimination and Discourse, edited by Geneva Smitherman-Donaldson and Teun A. van Dijk, pp. 23–45. Detroit, Mich.: Wayne State University Press, 1988. Eastland, Terry, and William Bennett. Counting by Race: Equality from the Founding Fathers to Bakke and Weber. New York: Basic Books, 1979. Ezorsky, Gertrude. Racism and Justice: The Case for Affirmative Action. Ithaca, N.Y.: Cornell University Press, 1991. Finch, Minnie. The NAACP: Its Fight for Justice. Metuchen, N.J.: Scarecrow Press, 1981. Fullinwider, Robert K. The Reverse Discrimination Controversy: A Moral and Legal Analysis. Totowa, N.J.: Rowman and Allanheld, 1980. Goldman, Alan. Justice and Reverse Discrimination. Princeton, N.J.: Princeton University Press, 1979. Green, Kathanne. Affirmative Action and Principles of Justice. New York: Greenwood Press, 1989. Greenawalt, Kent. Discrimination and Reverse Discrimination. New York: Knopf, 1983. Gross, Barry. Discrimination in Reverse: Is Turn-about Fair Play? New York: New York University Press, 1978. Horne, Gerald. Reversing Discrimination: The Case for Affirmative Action. New York International Publishers, 1992. Guinier, Lani. Tyranny of the Majority: Fundamental Fairness in Representative Democracy. New York: Martin Kessler Books, 1995. Johnson, Alex M. "Defending the Use of Quotas in Affirmative Action: Attacking Racism in the Nineties." University of Illinois Law Review (1992): 1043–1073. Kull, Andrew. The Color-Blind Constitution. Cambridge, Mass.: Harvard University Press, 1992. Livingston, John C. Fair Game? Inequality and Affirmative Action. San Francisco: W. H. Freeman, 1979. Loury, Glenn. "Why Should We Care About Group Inequality?" Social Philosophy and Policy 5 (1988): 249–271. McGary, Howard, Jr., "Justice and Reparations." Philosophical Forum 9 (1977–78): 250–263. Mosley, Albert G. "Affirmative Action and the Urban Underclass." In The Underclass Question, edited by Bill Lawson, pp. 140–151. Philadelphia, Pa.: Temple University Press, 1992. Neiman, Donald G. Promises to Keep: African Americans and the Constitutional Order, 1776 to the Present. New York: Oxford University Press, 1991. Newton, Lisa. "Reverse Discrimination as Unjustified." Ethics 83 (1973): 1–4. Rosenfeld, Michel. Affirmative Action: A Philosophical and Constitutional Inquiry. New Haven, Conn.: Yale University Press, 1996. Rossum, Ralph A. Reverse Discrimination: The Constitutional Debate. New York: M. Dekker, 1980. Schwartz, Bernard. Behind Bakke: Affirmative Action and the Supreme Court. New York: Oxford University Press, 1988. Sowell, Thomas. Affirmative Action around the World: An Empirical Study. New Haven, Conn.: Yale University Press, 2004. Steele, Shelby. "A Negative Vote on Affirmative Action." New York Times Magazine, May 13, 1990. Steele, Shelby. The Content of Our Character: A New Vision of Race in America. New York: St. Martin 's Press, 1990. Stohr, Greg. A Black and White Case: How Affirmative Action Survived Its Greatest Legal Challenge. New York: Bloomberg Press, 2004. "A Stricter Standard for Affirmative Action." New York Times (July 21, 1995). Thomson, Judith J. "Preferential Hiring." In Equality and Preferential Treatment, edited by Marshall Cohen, Thomas Nagel, and Thomas Scanlon, pp. 19–39. Princeton, N.J.: Princeton University Press, 1977. Wilson, William Julius. The Truly Disadvantaged. Chicago: University of Chicago Press, 1987. ANITA L. ALLEN (1996) Updated by author 2005