Affirmative Action a Balancing Act
ENG. 215
February 5, 2013

Affirmative Action a Balancing Act Many people believe that affirmative action laws are reverse discrimination and that these laws should be changed. Unfortunately in this country race is a determining factor in many aspects of daily living. Affirmative action laws simply balance the scales when it comes to determining whether race works for or against minorities. Affirmative action laws should not be changed, because it is an excellent program as demonstrated by the fact that two Supreme Court justices are products of affirmative action. Originally designed to overcome the disparities created by slavery and past discrimination affirmative action is still relevant in today’s society Affirmative action laws have been the subject of legal actions and disputes. In 2003 Michigan law school had to defend its affirmative action practices before the Supreme Court in the case of Grutter versus Bollinger (Garces, 2012). The court decided that colleges and universities have an obligation to consider race in a society where race matters. Another case is currently before the Supreme Court titled Fisher versus the University of Texas (Garces, 2012). A decision in this case is imminent and can have sweeping effects on the future of affirmative action laws. Many Americans do not understand affirmative action laws. Most people see it as a personal injury of giving priority to someone that has not earned it. They fail to look at the reasons the program exists, the requirements for the program and the need for it to continue. Affirmative action is when a company takes steps to ensure that it's practices function without depriving any gender or ethnic group. It is a way to promote equality for women and ethnic minorities (Bowen, 2011). Many people use the Civil Rights Act of 1964 as the argument that affirmative action is reverse discrimination. The Civil Rights law forbade discrimination based on race, sex, color, religion, or national origin. However, Title VII of that same act stated that a court could order a company to Institute affirmative action as both punishment and correction for a finding of discrimination (Civil Rights Act of 1964 2009). In 1965 President Lyndon B. Johnson asserted that eliminating legal discrimination against African Americans was not enough. According to Rothstein, & Yoon, (2008) it is difficult to take a race of people hobbled by decades of discrimination set them free and expect them to compete with others. Many Americans are still in the same situation described by former President Johnson 48 years ago. Many live in the inner cities in, derisory houses controlled by gangs. The majority of kids grow up in single-parent families on government assistance. The schools they attend are below the national gold standard in math and reading. The lessons taught in school teach how to pass a test, instead of teaching them how to solve equations. Making good grades in school is not number one on their priorities list survival takes precedence. They struggle, for survival daily from drug and gang related violence. How can they ever compete with others that learn to use their minds to solve complex equations? When an African or Spanish American student survives and makes it through high school with grades worthy of college, they deserve the support that affirmative action can give. Race or racial preferences routinely work against minorities. However, using affirmative action to create a balance between the races is labelled reverse discrimination. The question can be heard. How is race used against minorities? According to Reports (2010) the race of a hiring manager will determine the diversity of a retail store. Substitute an African American hiring manager with a manager of another race the percentage of African-Americans hired drops, and the percentage of whites hired increases. This is a dilemma that many minorities face on a daily basis when seeking employment. The race of the hiring manager or the demographics usually determines if a minority will get the job. Since the majority of hiring managers are of the mainstream race, minorities will continue to be the last hired and the first fired. There is a certain stigma or social enigma that people use to describe each race. These labels, derived from ethnocentrism which is an individual’s or group’s tendency to see their own as superior to others. Also racism a belief that certain races are inferior to others (Suh, 2009) It does not have to be the truth for it to be perpetuated by magazines, newspapers, television, and radio. Eventually, it becomes synonymous with the race. African-Americans are shiftless and lazy. Mexicans are dirty and are here in the U.S. to steal jobs. These perceptions of a race become reality for many in positions of authority. They may not consciously discriminate against any race, but these perceptions of a race will cloud their judgments. When a minority applies for a job or an apartment they are judged, not as individuals but by race and perceptions of that race. Opponents of affirmative action claim recipients of the award could not make it on their own merit. Many recipients of affirmative action have not publicly acknowledged how they were able to attend an Ivy League school or acquire certain high-profile jobs, due to the stigma placed on affirmative action. According to Kahlenberg, (2013) Supreme Court Justice, Clarence Thomas acknowledges that affirmative action provided the opportunity to attend Princeton University. However, his diploma is only worth about fifteen cents. Justice Thomas has allowed the perception of others become his reality. Affirmative action only opened a door to attend Princeton University. Graduation required hard work and dedication. Affirmative action balancing the scales of opportunity for Recipients of the award. If affirmative action recipients did not reach their goals on their own merit, how is it possible to have two current Supreme Court justices that are products of affirmative action, and A former Chairman of the Joint Chiefs of Staff and Secretary of State. What these individuals showed is that given the same opportunity as others they could rise to the top of their respective professions. Affirmative action was the catalysts that gave them the opportunities that are a norm for others. It was then up to them to make the best of this opportunity and obviously they did. The necessity for affirmative action is due to institutionalize racism. Opponents will say how can there be institutionalize racism, and we have a black president. According to Bowen, (2011) one significant accomplishment does not change the effects of over 200 years of oppression. As a country enormous strides towards equality and diversity have been made. However, there are still areas that require attention, and leaving them to chance is not sufficient. There is strong opposition to affirmative action, and it is clear that the opponents are not cognizant of the true reasons for the law. The solution to institutionalized racism is open dialogue about the problem. In Deconstruction Racism, (2012) the Calhoun School is starting a national initiative intended to reshape the conversation about institutionalize racism. The intent is to create a curriculum that will start the conversation from elementary school and up through high school. What seems to be a significant part of the problem is that everyone knows that racist acts occur daily. However, there is no conversation about these racist acts. It is similar to a family secret that is never talked about because it is embarrassing to the family. The problem stays hidden away and continues to grow to monumental size. The only solution is to make racism a part of the conversation. The entire media should be involved in promoting an open dialogue, not just a couple of voices. Making people aware of the way minorities are routinely treated will eventually create change. Each solution works towards altering the problems minorities face daily. As open dialogue accomplices change to institutionalized racism, it also opens doors for minorities to get better paying jobs. As finances improve so does the ability to choose where to live, and the schools their kids attend. This is part of the solution to the economic problems faced by many minorities. However, it will take a monumental effort by the federal government, private industry and nonprofit organizations to create the infrastructure capable of making jobs available for minorities. According to Austin, (2011) jobs are essential to improving African-American communities. Job creation will help improve educational outcomes and reduce crime rates. Training will also have to be factored into the equation as the nation shifts from an industrial to service economy. Additionally, a major change in entitlements must occur to break the welfare cycle that permeates in low income areas. Together these changes can provide an economical solution for minorities. A good education will provide minorities with a solid foundation to use in overcoming the disparities of racism. Education will eliminate a multitude of problems, especially if it starts at a young age. American history taught in schools should include the history of minorities as an integral part of American history. This will remove the lack of knowledge that many Americans have about minorities and the problems they face. It would also help to remove the negative stereotypes that accompany minorities. Additionally affirmative action recipients especially those receiving educational benefits should broadcast from the mountaintop how the program changed their lives. The advantage of eliminating institutionalized racism is a diverse community where multiculturalism is embraced by all. America is supposed to be a melting pot where racism is not a barrier. Unfortunately, diversity occurs in only a small segment of the population. In most cases, the races only mix when necessary. Each race has good things to offer that would be of benefit to all, but until we lay racism aside and come together as one nation these benefits will never come to fruition. Figure 1 below shows the falling crime rates in America occurring during the country’s worst economic recession since the Great Depression. Florida, (2011) credits the falling crime rates to the increase of racial, ethnic, and the demographic diversity of cities and metro areas [pic]
Figure 1. Line graph showing American crime rates falling in 2010, From, “Why Crime Is Down in America's Cities” by R. Florida, 2011, The Atlantic. Another advantage gained with the elimination of institutionalized racism is the removal of certain barriers that promote racial tensions, distrusts, and contempt that continues to divide the races. According to Williams, (2003) Some of these tensions come from changes in public debate on racism which has shifted from discussions of the institutionalized racism practices of banks, factories, and fire and police departments. Racism is now expressed as American individualism. The reasons why certain segments of society are not succeeding is not because of race but because of lifestyle issues, personal initiatives, and poor choices. Removal of these racial practices will dramatically reduce tensions. Requirements for quota-based hiring would be removed with the elimination of institutionalized racism. The need for quota base hiring practices is due to disparities created by racism. Most businesses oppose these hiring practices and will usually do the minimum required. Racism in most cases is unintentional; however, it continues the legacy of institutionalized racism. Eliminating this problem would give companies a larger pool of workers to hire. The hiring would be based on a person's ability, not on their race, gender, color or religious affiliations.. Businesses would benefit from a diverse workforce, and will also gain fresh ideas on how to increase sales to minorities and their communities. The ability of an individual to find a job paying a decent salary with benefits is perfect for building one’s dignity. This ability provides advantages to the individual, community, and society. The individual can now provide for family without the need for entitlements such as government assistance or workers compensation. Instead of a burden on society, the individual becomes an asset by spending and paying taxes. If we were to multiply the advantages gained by one individual, with thousands of unemployed disenfranchised minorities the advantages will be immeasurable. Another advantage of increasing the economic status of minorities is a decrease in crime. The reduction in crime will also reduce prisoners held in local and state facilities supported by society and decrease the necessity to build more prisons. Additionally this reduction in crime will also decrease the amount of policemen needed and the funds required for crime prevention. These funds can then be used in minority communities with greater needs. The decreases in crime will create a sense of bliss among citizens. The advantages of providing the nations children with a good education are the ability to make good decisions in life. It makes one a better person in all aspects of life. It also gives one the capacity to research and find the cause of problems instead of just dealing with perceptions. Placing the full history of minorities into American history textbooks presents the truth to a majority of Americans. It gives minorities a prominent place in American history instead of just a moral comment. Education will help in eliminating negative stereotypes, which is a plus for everyone. Society is a much better place when stereotypes are not influencing behavior. A good education is advantageous to minorities and society. Minorities are better prepared to join the workforce as productive citizens. The workforce receives a skilled worker that can also diversify the workplace. It is advantageous for affirmative action laws when recipients give credit where credit is due. Education recipients of affirmative action are better prepared to enter the workforce and employers are the beneficiaries. The solution to institutionalized racism open conversation also has its disadvantages. Open discussion can create resentment. There are many people that think institutionalize racism is not a serious problem that requires open dialogue. Their opinion is discussion will create confusion. Many believe the country is moving in the right direction towards the total elimination of racism and any conversation would have an adverse effect. People with this mindset are ignorant of problems many minorities face on a daily basis. They think the problems are self-inflicted due to poor choices, a lack of individual initiatives and lifestyle issues. Opposition to the solution helps to maintain the problems. An advantage of increasing the economic status of minorities is a reduction in crime. However, this crime reduction also creates disadvantages for other sectors of the community. A reduction in crime means less police are required, and this decreases jobs and may cause layoffs. Additionally the prison system has become a significant money infrastructure, and a reduction in crime means fewer prisoners. Fewer prisoners will also create a reduction in the number of jails and prison guards required. The disadvantages create some problems but not enough to interfere with the advantages that come with the solution. Dialogue to solve institutionalized racism brings advantages that will negate any disadvantage. There will always be naysayers and opinionated people when it comes to racism. It is always easier to blame others than to admit that racism is still active and oppressive. Williams, (2003) explains it this way, do they believe that the disparities that divide us today are the choice of minorities to live in residential segregation, ban whites from our schools, and choose unemployment? Economic improvement for minorities will provide a myriad of advantages for minorities and society. These advantages will outweigh any potential disadvantage In conclusion, although opponents of affirmative action think it is reverse discrimination. Affirmative action laws should not be changed for two main reasons. First it is an excellent program as demonstrated by the fact that two Supreme Court justices are products of affirmative action but most importantly they created these laws to curb the disparities created by slavery and past discrimination, and they are relevant to today’s society where race still works against minorities. This problem will continue to plague American until race becomes neutral. The stigma opponents placed on recipients of affirmative action can be removed by recipients openly speaking about what they have accomplished. Additionally education can change the fact that many Americans do not understand affirmative action laws. It is also the remedy required to change the negative stereotypes of minorities played out in the media on a daily basis. Likewise, starting an open dialogue about institutionalized racism maybe the catalyst to end the problem. Similarly, providing jobs for minorities will help to reduce crime and improve educational outcomes. The potential disadvantages created by the propose solutions are rendered mute by the advantages. Affirmative action laws may have some flaws, but the reasons for its creation are still relevant today.

References
According to Reports (2010) Crisis (15591573), 117(1), 9
Austin, A. (2011, December 14). A jobs-centered approach to African American community development . Retrieved from Economic Policy Institute: http://www.epi.org/publication/bp328-african-american-unemployment/
Bowen, D.M. (2011) Meeting across the river: Why Affirmative Action Needs Race & Class Diversity Denver University Law Review 88(4), 751-789.
Civil Rights Act of 1964 (2009). Civil Rights Act of 1964, 1
"Deconstructing Racism": Calhoun School launches national initiative. (2012). Independent School,71(4), 5.
Florida, R. (2011, July 2). Why Crime Is Down in America's Cities. Retrieved from The Atlantic: http://www.theatlantic.com/national/archive/2011/07/why-crime-is-down-in-americas-cities/240781/ Garces, L. M. (2012). Necessary but not sufficient: The Impact of Grutter v. Bollinger on Student of Color Enrollment in Graduate and Professional Schools in Texas. Journal of Higher Education, 83(4), 497-534.
Kahlenberg, R. (2013). Where Sotomayor and Thomas agree on Affirmative Action Chronicle of Higher Education, B2 Rothstein J. & Yoon, A. H. (2008), Affirmative Action in Law School Admissions: What Do Racial Preferences Do? University Of Chicago Law Review, 75(2), 649-714.
Suh, R. (2009). Ethnocentrism & Racism Ethnocentrism & Racism -- Research Starters Sociology, 1-5.