Positive Discrimination

Positive Discrimination and Affirmative Action

Positive discrimination is sometimes regarded as affirmative action, which is the act of favoring persons who face discrimination in society. Given the concerns at stake, it is a difficult matter that necessitates a multidimensional examination of how it is likely to effect society in the long run. The Supreme Court’s surprise decision to preserve the University of Texas at Austin’s strategy to promote appreciation for diversity resulted in the matter making headlines (Deruy). Given the Supreme Court’s split approach to affirmative action, it is confirmed that, while there are linked negative consequences on school reputation, affirmative action is best implemented now more than ever.

Court Decisions and Ending Discrimination

Many court decisions by the Supreme Court are documented in history to demonstrate the willingness to ensure that the fight against discrimination is a reality. In 1978, the Supreme Court ruling on the case “Regents of the University of California v. Bakke” ensured that the racial quotas we eliminated. The move by the body was because it was thought that it violated the Equal Protection Clause that stated that “no state shall deny to any person within its jurisdiction the equal protection of the laws” (National Conference of State Legislatures). The Hopwod v. Texas, however, faced repulsion when the court declined the appeal that race was to be used as a factor during the admission process. It was affirmed that adding a fixed number of points to a supposed ethnic minority is not a reliable way of realizing diversity goals. The 2003 ruling involving the Gratz v. Bollinger ensured that in a 5-4 vote, the court held that colleges and universities should use race as a factor in admissions. It was stated that “does not prohibit the law school’s narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body” (National Conference of State Legislatures). From the rulings mentioned above, it is apparent that there are hard decisions that often have to be compromised to ensure that the dream of ending discrimination is a reality.

Arguments against Discrimination and Bias

Other scholars that have focused on the subject often critique the concept of ending discrimination and bias against other students during the admission moment. In his text titled “Affirmative Action: The Fact Gap,” Alan Wolfe discusses the issue where it is supposed that there is an inherent gap always between the White and Black students so that the latter is inherently at a disadvantaged state. The argument is based on Wolfe’s observation that Black students often have to compete with White students who are better prepared to handle academic work. In fact, some of the students never recover from the initial disadvantage that is subjected to them through the biased testing schemes and thus end up scoring less than others race and thus end up joining community colleges and technical schools (Wolfe). The other scholar who focuses on the subject is Bruce Headlam who argues that there are predefined limitations that mean that there are institutions such as Harvard School of Law where specific groups of people cannot attend. Interestingly, research has shown that on a level playing ground, the students who had been stated not to qualify for the schools in question ended up scoring similar and in some cases better grades than the favored students who had gotten automatic qualification to the schools. Such indications imply that affirmative action is a necessity because it is clear that students are often required to compete on unfair grounds and other minorities often find that they are at a disadvantage naturally because of their color.

Advantages and Disadvantages of Affirmative Action

The advantage from the approach highlighted by the authors is that it will mean that for the first time, schools will have the chance to create an enabling environment that is favorable to all parties. It has been a huge challenge for a long time because of the slow progress from the slavery age and the Jim Crow where other races were perceived to be lesser than others. However, the disadvantage of this approach is that it will mean that schools will have to take a huge risk that could make them lose their reputation of being the best by enrolling potentially low-performing students. The challenge will mean that an institution such as the Harvard School of Law will have to consider working with mediocre students who have not been exposed and are not articulate enough to meet the expectations of the institution.

Conclusion

In summary, it is affirmed that the concept of affirmative action is necessary for this generation more than ever considering the continued discrimination on ethnic minorities in the twenty-first century. While the Supreme Court has been divided on the issue, scholars have indicated that affirmative action is beneficial to the society as it creates an even field for competition. Thus, considering that no other reliable mechanisms to end discrimination have been described widely, it is plausible to assume that affirmative action is the best option.

Works Cited

Deruy, Emily. “Are There Good Alternatives to Affirmative Action?” The Atlantic (2016): n. pag. Web.

Headlam, Bruce. “The Way We Live Now.” Nothing Personal (2002): n. pag. Print.

National Conference of State Legislatures. “Affirmative Action: Court Decisions.” National Conference of State Legislatures (2017): n. pag. Web.

Wolfe, Alan. “Affirmative Action: The Fact Gap.” The New York Timesq (1998): n. pag. Web.