Affirmative Action Is It Lega Essay Research

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Affirmative Action: Is It Lega Essay, Research Paper The Negative Effects of Affirmative Action Affirmative Action has increasingly become the subject of debate and tension in American society. However, the debate has become entangled in silly arguments of equality of opportunity versus the equality of results. The purpose of Affirmative Action is not simply to avow good intentions but to register results (Cousens 126). On one side, however, there are the con-Affirmative Action types who raise ethical and moral issues over the use of such a system; while on the other side there are those who support the system, but use race as a privilege. The participants in this 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. All too often, Affirmative Action is looked upon as the cure for the virulent disease of racial discrimination. The program works as it should by allowing for groups of a greater equality of opportunity to further advance themselves by bypassing inequalities that impede their overall effectiveness. Affirmative Action is a temporary, partial, and flawed remedy for past and continuing discrimination against historically marginalized and disenfranchised groups in American society (Hacker 85). The biggest complaint surrounding Affirmative Action policies aimed at helping Black Americans is that they violate the Fourteenth Amendment of the Constitution and the Civil Rights laws (Greenberg 100). Those who are against Affirmative

Action policies claim that these programs distort what is already a clear area and bequeath preferred treatment upon minorities because of the color of their skin (Hacker 25). It wasn t until 1954, when the Supreme Court handed down the decision in Brown versus Board of Education that Blacks and minorities were legally pushed to the dirty slums of society. The Brown versus Board of Education decision removed legal restraints that had so long kept Blacks deeply impoverished. Minorities long were subjected to deep-rooted forms of discrimination especially from the greater white population. For instance, if a superior had any overt or covert prejudices against members of a racial or ethnic minority, it would be apparent that an individual s destiny rested on subjective and

non-rational factors (Cousens 113). This was a result of the failure of the Brown decision to deconstruct White dominance and privilege; it merely allowed Blacks to enter the arena of competition (Greenberg 300). The Brown decision merely opened the labor market flood gates and made Black unemployment and White wealth an acceptable norm. After the United States Congress passed the Civil Rights Act in 1964, it became apparent that certain business traditions, such as seniority status and aptitude tests, prevented total equality in employment. However, on September 24, 1965, Lyndon B. Johnson issued Executive Order #11246 at Howard University that required federal contractors to take Affirmative Action to ensure that applicants are employed. . . without regard to their race, creed,

color, or national origin (Civil Rights). Affirmative Action was created in an effort to help minorities break through the discriminative barriers that were present when the bill was first enacted in 1965. At this time, the country was in the wake of nationwide civil rights demonstrations, and racial tension was at its peak. Most of the corporate executive and managerial positions were occupied by white males. The United States government, in 1965, believed that these employers were discriminating against employees and believed that there was no better time than the present to bring about change. When the Civil Rights Law passed, minorities, especially African-Americans, believed that they could receive retribution for the years of discrimination they had endured. The government