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Understanding Affirmative Action in America

Learn about the legal basis, historical cases, controversies, and future implications of affirmative action programs in America. Discover the impact on admissions and hiring practices in universities and workplaces.

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Understanding Affirmative Action in America

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Presentation Transcript

  1. Affirmative Action

  2. What is it? • Affirmative action programs grant preferences to underrepresented groups in admissions & hiring • Programs are meant to make up for past and/or present discrimination

  3. Legal Basis • The Fourteenth Amendment prohibits states from denying persons equal protection under the law. • The Civil Rights Act of 1964 was passed to eliminate practices that favored white men.

  4. University of California v. Bakke (1978) • 16/100 medical school slots were reserved for minority/low income applicants • Quotas: certain # must be admitted • Bakke, a white male, was denied admission twice. • Those admitted under the quota had lower MCAT scores and GPAs than Bakke.

  5. The Bakke Decision • The Court invalidated the quota as unconstitutional • BUT upheld some affirmative action programs

  6. Gratz v. Bollinger(2003) • Gratz, a white student, wanted admission to the University of Michigan • 20 / 100 points were assigned to applicants from underrepresented minority groups.

  7. Grutter v. Bollinger • Grutter, a white student applied to law school • Applicants were evaluated based on all information available in their files, including race.

  8. Let’s look at how it worked…. • Hand out points system • Who’s right?

  9. Gratz/Grutter Decisions • Gratz won, SC threw out points system • Grutter lost, because the Court found that racial diversity is a compelling state interest, and the admissions process looked at many factors

  10. The Future • Justice O’Connor said that 25 years from now, the use of racial preferences will no longer be necessary. • Today, narrowly tailored affirmative action programs are legal, but not mandated. • A California initiative passed that eliminated affirmative action.

  11. In CA…affirmative action is illegal due to a proposition • Top % of each HS is automatically accepted at a UC or Cal State • Is this fair?

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