Intent of Affirmative-Action Legislation - Essay Example

If the programs become preferential based on gender, race, or ethnicity, affirmative action becomes controversial (Dale, 2005).
What was the initial intent of Affirmative-Action legislation?

Originally, the Affirmative-Action legislation was intended to pressure institutions including government institutions, schools, and contractors to comply with the non-discrimination provisions in the Civil Rights Act, of 1964 (Dale, 2005). The article required that schools and colleges take affirmative action to counteract the effects of past discrimination and encourage affirmative to achieve a diverse student body. Most importantly, the legislation was intended to forbid inflexible and rigid quotas for the employment of minorities and encourages contractors, schools, and colleges to take good-faith efforts to meet targets and goals for the employment of minorities and women without discrimination (Dale, 2005).

What did the landmark Bakke v. Regents case conclude?
Mr. Justice POWELL in his ruling on the Regents of the University of California v. Bakke case concluded that the use of racial quotas in a university’s admissions process is unconstitutional. In addition, it concluded that the use of affirmative action in the selection of minority applicants was constitutional in certain circumstances (“Regents of University of California v. Bakke,” 1978).

What was the basis for the conclusion?
This conclusion was based on the provisions of Title VI of the Civil Rights Act, 1964 that only those racial classifications that violate the Equal Protection Clause when employed by agencies of the state and the state itself(“Regents of University of California v. Bakke,” 1978). The ruling was also based on the fact that while the goals of affirmative action are still compelling, the use of quotas in such programs is unnecessary in the achievement of such goals since it is, under the Equal Protection Clause, unnecessary. Additionally, the conclusion was based on the fact the petitioner could not furnish the court with sufficient proof that it could not have admitted the respondent if special admissions programs were nonexistent (Dale, 2005).

What are the positive and negative results of Affirmative Action legislation?
Through affirmative action, social amenities such as healthcare, education, and jobs have been made available to communities that have traditionally been under-served. There are very many women, African-Americans, Hispanics, and other underserved groups in professions that traditionally were not reserved for them. Additionally, racial, gender, religious, and minority discrimination has significantly reduced over the years as a result of affirmative action (Redwood, 1999). One negative aspect of affirmative action is how people perceive it; many think of it in terms of gender or racial disparity, as such limiting it to a certain group of minorities. Additionally, affirmative action has focused more on education and employment rather than focusing on ownership (Pasour, n.d.). In effect, Affirmative action has mostly benefitted women and African Americans, even though other minority groups need to be focused on (Thompkins, 2010).

In your evaluation, is Affirmative Action legislation still appropriate?
I think affirmative action legislation is still appropriate as long as quotas put on such programs are eliminated. In addition, if the legislation is abolished, then, gender, race, and minority discrimination and disparity will persist. Read More