Affirmative action of law - Research Paper Example

?Running Head: AFFIRMATIVE ACTION OF LAW Affirmative Action of Law Affirmative action of law is a procedureof a government or a business or any institutional in which it gives extraordinary right of employing or progression to ethnic minorities to structure for the ancient times inequity towards the minority. The affirmative action by law had been a subject of debate. Affirmative action as framed up by the law had lots of confusions. In the American employment law framework affirmative action grew through a series of governmental announcements. Policies taking race into account to break the effects of long term unfairness were not simply endured but often necessitated by courts and civil rights agencies. Affirmative action policies were enforced on by the bodies approving them if they were voluntary, while on the other hand affirmative action policies obliged by the government mandates could be enforced through the legal system (Crosby & Iyer, Clayton, Drowning, 2003, pp. 94-95). The affirmative action of law laid its root during 1960’s. Since then it had been growing with constant development. The affirmative actions by law were multi faced. As the background check we can refer to the following instances. School unification remedies by the late 1960s had explicit racial goals and required punctual reassignment of students and teachers on a racial basis to fabricate truly desegregated schools. In connection to that the Voting Rights Act’s powers were elicited. Statistic showed a history of prohibiting and conditions were to be expected to be responsible for those differences in a state or community. Trial to prove biasness against each and every minority voters in every community had proved out to be inadequate. Affirmation action in college admissions were a part of these problem too. The peak of the movement for diversity on campuses came in the mid 1970s. As a result the Supreme Court gave decision. The decision limited the affirmative action and opened up campuses which suits by the whites. This move was highly criticized by the academic leader. During 1996 Texas decision made some amendments in the law. It stated that no harmony existed on the benefits of diversity. The higher education and the civil rights communities also followed the same pathway in the limelight of affirmative action enforced by law. As an outcome of these efforts judgments were passed against the negative impact on the diversity was made in the court premises. The issues sharpened by legal consideration personified in the most important judicial proclamations on the major issue of diversity and related civil right issues. This witnessed the first positive move made by the law on affirmative actions. The declaration by the Court made exerted a strong positive impact on diversity issues which was resolved to a great extend. The problems of indifferences in the society were resolved to a great extend. The affirmative action boosted the morals of many living in the society (Orfeild & Kurlaender, 2001, pp. 1-10). Affirmative action was also observed its implication in the field of employment. In this arena, an organization was required to supervise its workforce statistics, keeping vigilance on the underrepresented gender and ethic group. Goals delineated in the action plan of affirmative action did not constitute unfair favored treatment. But in certain issues the affirmative action on employment was hugely criticized. The opponents depicted the policy as a simple matter of preferential treatment (Crosby & Iyer, Clayton, Drowning, 2003, pp. 95). The federal affirmative action policy may be sculpted as a tax on white male employment in contractor firms. As a cascading effect it could be analyzed in the standard two sector models applied to taxation. During the maturation period of affirmative action, enforcement of it did become more antagonistic. The employment data showed that black male and female employment shares amplified momentously faster in the contractor establishment than in non contractor establishment. Total impact of affirmative action on the growth rate of the employment of black men in the country was sharply evident. This evident implied before the alteration of affirmative action the members of the guarded group took over the net income in both contractor and non contractor establishments. Affirmative action marked a huge success at establishment that were growing and had job openings to accommodate the government pressure. On the contrary, affirmative action lacked public harmony and dynamic enforcement. It had been criticized as an exercise which confided its limits only towards the paper publishing. It had actually been of material significance of prompting companies to enhance their employment opportunities for the blacks. In the other way round it had not been improvised upto that level which it should have been (Leonardo, 2006, pp. 49-52). In the words of Leonardo (2006), “One of the major affirmative action battlefields lies in the white collar and crafts occupation”. The need of affirmative action was not only restricted towards the racial discrimination but also in the occupational position field. In this area of inelastic supply of workers the potential wage gains were restricted within the members of protected group. It was quite obvious that the racial discrimination was not only there in the employment of higher official sector but also within the working class. There was a long term presumption in the affirmative action which said that trained members of the guarded group would only be considered for promotion of skilled employment. This presumption drilled the thought of insecure future aligned with proper opportunity absence in the minds of the dominated mass who demanded for affirmative action. Affirmative action worked best when they are dynamically put into effect, when they work with other policies that boosted the skills of member of protected group and also when they worked with emerging employers. With the increasing demands of affirmative action in skilled occupation, the same was made effective. This action followed an increasing supply and demand of highly educated blacks. It also strengthened the wage equation in favor of the blacks narrowing down the difference in earnings between the races by elevating the occupational level of non white males (Leonardo, 2006, pp. 54-56). As per the study of Coate & Loury (2008), affirmative action can be used necessarily in eliminating negative stereotypes. On the contrary they again added that there might be instances where affirmative action not only fails to eliminate negative stereotypes but even worsen them. The reason behind is when the employer tend to get induced by job preferences to stand by the favored employee which in turn might undercut their incentive to acquire necessary skills. The authors held a different view where they said, “If one objective in the fight against discrimination is to break down stereotypes, then it will sometimes be better to encourage disadvantage workers to supply greater efforts, than to bribe or coerce employers into promoting these workers”. They also raised their hesitation over the fact that whether the labor market gains brought by affirmative action could be continued without it becoming a undeviating fixture in the labor market. This depended about how the policy affected the employer’s belief about the productivity of the minority worker (Coate & Loury, 2008, pp. 1220-1239). It can also be said that affirmative action in the greater sense could be broadly envisaged either as a mean to combat demarcation or as a mode to reallocate jobs and earnings. It could either pursue impartiality in opportunity or equality of result. In the light of the above facts, affirmative action has also been criticized. Critics of affirmative action made comment that it was an action characterized by violation of basic principle of justice. It was argued that fairness pointed towards treating everyone in the same impartial fashion. It was claimed that impartial treatment of all people was when it was without any regard to their gender or ethnicity; which would be the best way to achieve the best possible diversity in an organization. As per them according to the past records diversity had been achieved at the expense of justice where everyone suffered. In answer to the critics the advocates of affirmative action replied that “the policy helps, not hinders, the equal treatment of all people”. As per them in absence of the affirmative system most groups in United States did not receive privileged treatment against the White men. They again added, “Some of the unequal treatment occurs in the absence of either overt or covert prejudice, as a consequence of structural inequalities. Institutional racism and sexism continue as powerful determinants of people’s lives and can be dismantled only through planned and proactive measures” (Crosby & Iyer, Clayton, Drowning, 2003, pp. 100). Apart from the employment and demarcation issues, need of affirmative action was growing in some other areas. Even in the environment where there is no discrimination analysis said there are gender discrimination still prevalent. It is felt that affirmative action by law should be enforced on gender indifferences in competitiveness. But as per jurisdiction no affirmative action had been implemented till now in such a way, through few measures have been taken. It is desirable that affirmative action entice more women to compete (Niederl, Sega, & Vesterlund, 2013, pp. 2-40). At the end it can be concluded that affirmative action prohibited the states, sates universities and local government from intervening into people’s life on the basis on racism or on the basis on inequality, race or ethnicity which marked as a great progress not only in the history of laws but in terms of humanity (Marzilli, 2004, pp. 93). References Crosby J F & Iyer A, Clayton S, Drowning A R, (February 2003), Affirmative Action Psychological Data and the Policy Debates, American Psychologist, 58(2), 93-115 Coate S, Loury C G, (2008), Will Affirmative-Action Policies Eliminate Negative Stereotypes, The American Economic Review, 83(5), 1220-1240 Leonardo S J, (November 2006), The Impact of Affirmative Action Regulation and Equal Employment Law on Black Employment, Journal Of Economic Perspectives, 4(4), 47-63 Marzilli A, (2004), Point Counterpoint Affirmative Action, Philadelphia, Chelsea House Publish Niederle, M., Segal, C., & Vesterlund, L. (2013). How costly is diversity? Affirmative action in light of gender differences in competitiveness, Management Science, 59(1), 1-16 Orfeild G & Kurlaender M, (2001), Diversity Challenged Evidence on the Impact of Affirmative Action, Cambridge, Harvard Educational Publishing Group Read More