What is affirmative action, and what are some of its alternative names used in different countries?

Affirmative action refers to a set of policies and practices within a government or organization aimed at addressing systemic discrimination. In various countries' laws and policies, it is also known as reservations, alternative access, positive discrimination, or positive action.

What are the primary justifications cited by supporters for implementing affirmative action policies?

Supporters of affirmative action justify its implementation by the idea that it can help bridge inequalities in employment and pay, increase access to education, and promote diversity, social equity, and social inclusion. It is also used to redress wrongs, harms, or hindrances, a concept sometimes referred to as substantive equality.

How does the nature of affirmative action policies vary across different regions and contexts?

The nature of affirmative action policies varies significantly by region. Some countries employ a quota system, reserving specific percentages of government jobs, political positions, or school vacancies for certain groups, as seen in India's reservation system. In other jurisdictions, minority group members may receive preference or special consideration in selection processes, while some European countries favor 'positive action' which encourages underrepresented groups without explicit quotas.

What were the key executive orders in the United States that introduced the concept of affirmative action?

The term 'affirmative action' was first used in the United States in Executive Order 10925, signed by President John F. Kennedy in 1961, which required government contractors to take affirmative action to ensure fair employment practices without regard to race, creed, color, or national origin. President Lyndon B. Johnson expanded this with Executive Order 11246 in 1965, adding religion and sex to the protected categories and requiring government employers to take affirmative action.

Did the initial US executive orders or the Civil Rights Act of 1964 authorize group preferences?

No, neither the executive orders nor the Civil Rights Act of 1964 explicitly authorized group preferences. Senator Hubert Humphrey, a floor manager for the Civil Rights Act, stated that the bill would prohibit preferential treatment for any particular group and would not lead to racial quotas.

What are some of the common methods used to implement affirmative action policies?

Affirmative action policies are implemented through various methods, including quotas, specific scholarships and financial aid for certain groups, targeted marketing and advertising to encourage participation from underrepresented groups, specific training programs, and the relaxation of selection criteria for target audiences.

How has affirmative action in the United States been affected by Supreme Court decisions?

In the United States, affirmative action in college admissions was upheld by the Supreme Court in the 2003 case *Grutter v. Bollinger*, which permitted race to be considered as a factor. However, this was overturned in 2023 by *Students for Fair Admissions v. Harvard*, which ruled that the use of race in college admissions is unconstitutional under the Equal Protection Clause of the 14th Amendment.

What is 'positive action' as practiced in Europe, and how does it differ from some US approaches?

A variant of affirmative action more common in Europe is 'positive action,' which promotes equal opportunity by encouraging underrepresented groups to enter a field. This is often described as being 'color blind.' However, some American sociologists argue this approach is insufficient to achieve substantive equality of outcomes based on race, unlike some US policies that may consider race more directly.

What are the main arguments made by opponents of affirmative action?

Opponents of affirmative action argue that it constitutes reverse discrimination, potentially benefiting the most privileged members of minority groups while disadvantaging less fortunate members of majority groups. Some also contend that it can hinder minority students by placing them in academic programs for which they are not adequately prepared.

What was the nature of racial discrimination in South Africa under the apartheid government (1948-1974)?

Under apartheid, South Africa enshrined racial discrimination through statutes that classified individuals into a racial hierarchy, placing whites at the top. This system favored white-owned companies, particularly Afrikaner-owned ones, by reserving skilled and highly paid jobs for white people, thus marginalizing Black people and limiting their employment opportunities.

What legislation was implemented in South Africa after apartheid to address historical imbalances?

Following the end of apartheid, South Africa implemented affirmative action legislation, including the Employment Equity Act and the Broad Based Black Economic Empowerment Act. These acts aimed to address disparities by requiring companies to employ previously disenfranchised groups (Blacks, Indians, Coloureds), as well as women and disabled people.

What are the stated goals of affirmative action legislation in South Africa, according to proponents?

Proponents of South African affirmative action legislation state that its aims are to promote economic growth, address vast racial inequalities in wealth and income, and restore equal access to societal benefits, rather than solely redistributing wealth.

How does the European Union approach gender balance in corporate boards?

The European Union Commission approved a plan requiring large listed companies in Europe to have women constitute 40% of non-executive board directorships by 2020. A subsequent directive (EU) 2022/2381 mandates that by June 2026, members of the underrepresented sex must hold at least 40% of non-executive director positions and 33% of all director positions in listed companies.

What is the policy regarding affirmative action for minority nationalities in China?

In China, affirmative action exists in education for minority nationalities, which may involve lowering minimum requirements for the National University Entrance Examination to facilitate university admission.

How does Israel implement affirmative action in its universities and civil service?

In Israel, universities incorporated class-based affirmative action in the early to mid-2000s, focusing on structural disadvantages like neighborhood socioeconomic status and high school rigor. In civil service employment, affirmative action policies support citizens who are women, Arabs, Black, or people with disabilities. These groups are also entitled to full university scholarships from the state.

What is the reservation system in India, and who does it primarily benefit?

The reservation system in India is a form of affirmative action designed to improve the well-being of Scheduled Castes and Scheduled Tribes (SC/ST) and Other Backward Classes (OBC), who together comprise about two-thirds of India's population. The Constitution of India allows up to 50% of government higher education admissions and job vacancies to be reserved for these groups.

What affirmative action policies are in place for indigenous people in Indonesia?

Indonesia offers affirmative action for native Papuans in education, government civil worker selection, and police and army recruitment. Despite these programs, there have been criticisms regarding insufficient quotas and alleged corruption.

What was the Malaysian New Economic Policy (NEP), and what were its aims?

The Malaysian New Economic Policy (NEP), introduced after sectarian violence in 1969, is an ethnicity-based affirmative action policy aimed at addressing socioeconomic disadvantages among Bumiputera (Malays, Orang Asli, and indigenous people of Sabah and Sarawak). Its goal was to reduce poverty and create a Malay and Native Bornean middle class, though it has been criticized for widening disparities and being racially discriminatory.

What affirmative action measures are in place for Taiwanese aborigines?

Taiwan has legislation requiring firms competing for government contracts to employ at least 1% Taiwanese aborigines if they have 100 or more employees. Additionally, the Ministry of Education and Council of Aboriginal Affairs boost entrance exam scores by 35% for Taiwanese Aboriginal students who demonstrate knowledge of their tribal language and culture.

How does Denmark provide advantages to Greenlanders in higher education?

In Denmark, Greenlanders receive special advantages when applying for university, college, or vocational university degrees. They can be admitted without meeting the standard grade averages if they fulfill specific criteria, such as having a grade average over 6.0 and residing in Greenland for a certain period.

What is the purpose of quotas for Swedish language speakers in Finnish university programs?

In Finland, certain university programs, particularly in law and medicine, have quotas for students proficient in the Swedish language. The aim is to ensure a sufficient number of professionals skilled in Swedish are available to meet nationwide needs.

What is the basis for affirmative action in France, and how is it applied in education?

France's constitution prohibits distinctions based on race, religion, or sex. However, since the 1980s, affirmative action has been implemented based on neighborhood. Schools in 'Priority Education Zones' receive additional funding, and students from these schools benefit from special policies in certain institutions like Sciences Po.

How does Germany's Basic Law address affirmative action, particularly concerning gender and disability?

Article 3 of the German Basic Law guarantees equal rights regardless of sex, race, or social background. Programs exist where, if qualifications are equal, women are preferred for jobs, and disabled individuals are prioritized over non-disabled ones, often with the stated goal of increasing diversity.

What are the gender quota requirements for public stock companies in Norway?

Public stock companies (ASA) in Norway are required to have at least 40% of their boards composed of either gender. This regulation affects approximately 400 companies.

What affirmative action policies are in place for the Romani minority in Serbia?

In Serbia, the Constitution allows for 'special measures' as affirmative action for marginalized groups, including national minorities. Specifically, the Roma national minority is given more favorable conditions for enrollment in public schools.

What was the ruling by Slovakia's Constitutional Court regarding affirmative action?

In October 2005, the Constitutional Court of Slovakia declared affirmative action, defined as providing advantages to ethnic or racial minority groups, to be unconstitutional.

What are the rules regarding positive action and quotas in the United Kingdom under the Equality Act 2010?

Under the Equality Act 2010, hiring someone solely based on protected group status without regard to performance is illegal. However, the Act permits positive action if an employer reasonably believes a protected group faces disadvantage or under-representation, and the action taken is a proportionate means to address it. This can include considering membership in a disadvantaged group as a 'tie-breaker' between equally qualified candidates.

How does the Canadian Charter of Rights and Freedoms permit affirmative action?

Section 15 of the Canadian Charter of Rights and Freedoms explicitly permits affirmative action legislation. Subsection 2 states that equality provisions do not preclude laws, programs, or activities aimed at ameliorating the conditions of disadvantaged individuals or groups, including those disadvantaged due to race, national origin, color, religion, sex, age, or disability.

What is the purpose of the Canadian Employment Equity Act?

The Canadian Employment Equity Act requires employers in federally regulated industries to provide preferential treatment to four designated groups: women, persons with disabilities, Aboriginal peoples, and visible minorities, aiming to improve their representation in the workforce.

What is the '50:50' measure implemented for the Police Service of Northern Ireland?

As part of the Northern Ireland Peace Process and the Good Friday Agreement, the Police Service of Northern Ireland is required to recruit 50% of its members from the Catholic community and 50% from Protestant and other communities. This measure aims to reduce potential bias towards Protestants.

What is the 'mismatching' theory in the context of affirmative action?

The 'mismatching' theory suggests that affirmative action can negatively affect students by placing them in colleges or programs that are academically too challenging for them, potentially increasing dropout rates or failure. This, in turn, could harm the intended beneficiaries of affirmative action.

What did a 2017 study by Andrew J. Hill suggest about affirmative action bans and STEM degrees?

A 2017 study by Andrew J. Hill found that affirmative action bans led to a reduction in minority students completing four-year STEM degrees. This finding suggests that the mismatch hypothesis might be unfounded and indicates that affirmative action can be effective in encouraging minority engagement in STEM fields under certain circumstances.

What did Richard Sander's research suggest about affirmative action in American law schools?

Richard Sander's research suggested that affirmative action in American law schools might lead to 'mismatching,' causing Black students to be more likely to drop out of law school and fail bar exams. His findings indicated that without affirmative action, there would be approximately 7.9% fewer Black attorneys.

How did critics respond to Richard Sander's findings on mismatching?

Critics like Ian Ayres and Richard Brooks argued that eliminating affirmative action would actually reduce the number of Black lawyers more significantly (by 12.7%) and that students generally perform better at higher-ranking colleges. Other studies, like Rothstein and Yoon's, dismissed the mismatch theory, concluding that its effects do not negate the benefits of affirmative action.

What did a 2011 Duke University study find regarding mismatching?

A 2011 study of Duke University data found no evidence of mismatching, proposing that mismatch could only occur if selective schools withheld private information about students' prospects. The study suggested that providing such information would allow students to make better choices, thus avoiding mismatch.

What did a 2005 USA Today poll reveal about American public opinion on affirmative action?

A 2005 USA Today poll indicated that a majority of Americans supported affirmative action for women, while opinions regarding minority groups were more divided. The poll also suggested that a majority of Americans believed affirmative action extended beyond ensuring access into the realm of preferential treatment.

What did a 2005 Gallup poll show regarding racial affirmative action support among different racial groups in the US?

A 2005 Gallup poll found that 72% of Black Americans supported racial affirmative action, compared to 44% of White Americans. Support among Hispanic Americans fell between these two groups, and support among Black Americans showed little correlation with political affiliation, unlike White Americans.

What did a June 2009 Quinnipiac poll find regarding general support for affirmative action?

A June 2009 Quinnipiac poll revealed that 55% of Americans felt affirmative action, in general, should be discontinued. However, the same poll found that 55% supported affirmative action for people with disabilities, and 65% opposed its application to homosexuals.

What did a 2014 Pew Research Center poll indicate about affirmative action for minority representation on college campuses?

A 2014 Pew Research Center poll found that 63% of Americans believed affirmative action programs aimed at increasing minority representation on college campuses were 'a good thing,' while 30% considered them 'a bad thing'.

What did a 2019 Pew Research Center poll reveal about the role of race or ethnicity in college admissions?

A 2019 Pew Research Center poll found that 73% of Americans believed that race or ethnicity should not be a factor in college admissions decisions. This sentiment remained consistent in a 2022 Pew poll, where 74% held the same view.

What does Article 2.2 of the International Convention on the Elimination of All Forms of Racial Discrimination stipulate regarding affirmative action?

Article 2.2 of the Convention stipulates that affirmative action programs may be required of signatory countries to rectify systematic discrimination. However, it also states that such programs should not maintain unequal or separate rights for different racial groups once their objectives have been achieved.

How does the United Nations Human Rights Committee interpret the principle of equality in relation to affirmative action?

The UN Human Rights Committee states that the principle of equality may require states to take affirmative action to correct conditions causing or perpetuating discrimination. This can involve granting preferential treatment for a limited time to disadvantaged populations to achieve factual equality, which is considered a legitimate differentiation under the Covenant.

What are the arguments made by proponents of affirmative action regarding its societal goals?

Proponents argue that affirmative action aims to promote societal equality by providing preferential treatment to socioeconomically disadvantaged individuals, often due to historical factors like oppression or slavery. They also cite goals such as bridging employment and pay inequalities, increasing educational access, diversifying leadership, and redressing past wrongs.

What are the criticisms leveled against affirmative action by its opponents regarding its effects on society?

Critics suggest affirmative action hinders reconciliation, replaces old wrongs with new ones, undermines minority achievements, and encourages identification as disadvantaged. They also argue it can increase racial tension and disproportionately benefit privileged individuals within minority groups over less fortunate members of majority groups.

What did a 2017 study on temporary federal affirmative action regulation in the US estimate?

A 2017 study estimated that temporary federal affirmative action regulation in the US increased the Black share of employees over time. Even after deregulation, the Black share continued to grow, suggesting that affirmative action induced employers to improve their hiring screening methods.

What is the 'strong-basis-in-evidence' standard mentioned in relation to affirmative action?

The 'strong-basis-in-evidence' standard, discussed in relation to affirmative action, refers to the requirement for evidence demonstrating that specific groups face disadvantage or under-representation before implementing positive action measures. This standard is part of the legal framework governing affirmative action in some jurisdictions, like the UK's Equality Act 2010.

What is the 'one-drop rule' in the context of race and affirmative action?

The 'one-drop rule' is a social and legal concept, primarily in the United States, where any discernible trace of Black ancestry was historically used to classify a person as Black. In the context of affirmative action, this rule has implications for how racial categories are defined and applied, though its legal standing has evolved.

What is 'racial steering' as a form of discrimination?

Racial steering is a discriminatory practice where real estate agents or landlords guide potential renters or buyers towards or away from certain neighborhoods based on their race. This practice contributes to residential segregation and limits housing opportunities for minority groups.

What is 'redlining' in the context of housing discrimination?

Redlining is a discriminatory practice where services, such as loans or insurance, are withheld from potential customers who reside in neighborhoods classified as 'high-risk,' often based on the racial or ethnic composition of those neighborhoods. This practice historically limited investment and development in minority communities.

What is the 'glass ceiling' in the context of employment?

The 'glass ceiling' refers to an invisible barrier that prevents certain demographic groups, particularly women and minorities, from advancing to senior leadership positions within organizations, regardless of their qualifications or achievements.

What is 'tokenism' in the context of affirmative action or diversity initiatives?

Tokenism occurs when an organization makes minimal efforts to recruit or promote individuals from underrepresented groups, often to give the appearance of diversity without making substantial changes. This can involve hiring or promoting a small number of individuals from minority groups to create a symbolic representation.

Affirmative Action Wiki: Equity in Action: Understanding Affirmative Policies

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Understanding Affirmative Action

Core Concept

Affirmative action encompasses policies and practices designed to address systemic discrimination and promote the inclusion of marginalized groups. Historically and globally, these policies aim to bridge inequalities in employment, education, and representation, fostering diversity, social equity, and inclusion.

Terminology

Known internationally by various terms such as "reservations," "alternative access," "positive discrimination," or "positive action," affirmative action seeks to redress historical wrongs, harms, or hindrances, thereby advancing substantive equality.

Spectrum of Implementation

The application of affirmative action varies significantly across regions. It ranges from strict quota systems, reserving specific percentages of opportunities for certain groups, to more nuanced approaches that encourage underrepresented groups or provide preferential consideration in selection processes.

Historical Context

United States Origins

The term "affirmative action" gained prominence in the United States with President John F. Kennedy's Executive Order 10925 in 1961, mandating government contractors to take proactive steps to ensure equal employment opportunities. President Lyndon B. Johnson's Executive Order 11246 later expanded this, requiring employers to hire and treat employees without regard to race, color, religion, sex, or national origin.

While initially focused on non-discrimination, affirmative action evolved to include preferential treatment, notably in college admissions. Landmark Supreme Court cases like Grutter v. Bollinger (2003) upheld race as a factor, until this was overturned by Students for Fair Admissions v. Harvard (2023), significantly altering the landscape of affirmative action in US higher education.

Global Evolution

The concept of affirmative action has been adopted and adapted globally, often in response to colonial legacies, historical injustices, or persistent social inequalities. Different nations have implemented varied approaches, reflecting their unique socio-political contexts and legal frameworks.

Implementation Strategies

Quotas and Targets

Some systems employ explicit quotas, reserving a fixed percentage of positions or admissions for specific demographic groups. Examples include India's reservation system for Scheduled Castes, Scheduled Tribes, and Other Backward Classes, and EU directives mandating gender representation on corporate boards.

Targeted Encouragement

A common approach, often termed "positive action," involves encouraging underrepresented groups through targeted outreach, advertising, and recruitment efforts. This aims to increase participation without necessarily setting rigid quotas, often described as "color-blind" in its intent to promote equal opportunity.

Financial Support

Scholarships, financial aid, and other economic incentives are frequently used to support individuals from disadvantaged backgrounds or underrepresented groups, facilitating access to education and professional development.

Relaxed Criteria

In some contexts, selection criteria may be adjusted or weighted to provide an advantage to candidates from designated groups, particularly when they face systemic barriers or are underrepresented in a particular field.

Global Approaches

United States

Affirmative action in the US has been a subject of intense legal and public debate, with policies varying by state and institution. Recent Supreme Court rulings have significantly curtailed race-conscious admissions, shifting focus towards other diversity-promoting strategies.

India

India employs a comprehensive reservation system based on caste, aiming to uplift historically disadvantaged communities. This policy reserves a significant percentage of government jobs and educational seats for Scheduled Castes (SC), Scheduled Tribes (ST), and Other Backward Classes (OBC).

European Union

The EU has implemented directives encouraging gender balance on corporate boards, setting targets for female representation. Member states have transposed these directives into national law, reflecting a focus on gender equity in corporate governance.

United Kingdom

UK law, particularly the Equality Act 2010, permits "positive action" as a proportionate means to address disadvantage or under-representation. This includes tie-breaking measures for equally qualified candidates and specific provisions for Northern Ireland policing to ensure community balance.

Canada

The Canadian Charter of Rights and Freedoms explicitly allows for affirmative action programs aimed at ameliorating conditions for disadvantaged groups. The Employment Equity Act mandates preferential treatment for women, persons with disabilities, Aboriginal peoples, and visible minorities in federally regulated industries.

Other Nations

Countries like China, Israel, Malaysia, and others have implemented various forms of affirmative action, often tailored to specific historical contexts, ethnic compositions, or social challenges, such as supporting indigenous populations or minority nationalities.

The Ongoing Debate

Arguments for Affirmative Action

Proponents argue that affirmative action is essential for achieving substantive equality, correcting historical injustices (like slavery and systemic discrimination), and ensuring diverse representation in institutions. They contend it helps dismantle barriers that continue to disadvantage certain groups, promoting a more equitable society.

Arguments Against Affirmative Action

Critics often label affirmative action as "reverse discrimination," arguing it unfairly disadvantages majority groups. Concerns are also raised that it may benefit the most privileged within minority groups, potentially place beneficiaries in overly challenging environments ("mismatch theory"), and foster resentment or a sense of entitlement.

Reverse Discrimination: Unfairly disadvantages majority groups.
Meritocracy Concerns: May prioritize group identity over individual merit.
Mismatch Theory: Places students in environments where they may struggle, potentially hindering success.
Benefiting the Privileged: May disproportionately help the most advantaged within targeted groups.

Public Opinion

Public opinion on affirmative action is often divided and can vary significantly based on demographic factors, the specific policy context (e.g., education vs. employment), and the framing of the issue. Polls consistently show differing views among racial and ethnic groups regarding its necessity and fairness.

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References

Thaver, Beverly. "Affirmative action in South Africa: The limits of history." In Race and Inequality, pp. 167-186. Routledge, 2017.

Race, law and poverty in the new South Africa, The Economist, 30 September 1999

Susanne Vieth-Entus (29. December 2008): "Sozialquote: Berliner Gymnasien sollen mehr SchÃ¼ler aus armen Familien aufnehmen". Der Tagesspiegel

Martin Klesmann (23 February 2009). "'Kinder aus NeukÃ¶lln wÃ¼rden sich nicht integrieren lassen' â Ein Politiker und ein Schulleiter streiten Ã¼ber Sozialquoten an Gymnasien". Berliner Zeitung

Constitution of The Republic of Serbia (Constitution of The Republic of Serbia), 2006.

Melvin I. Urofsky, The Affirmative Action Puzzle: A Living History From Reconstruction to Today (2020).

United Nations Committee on Human Rights, General Comment 18 on Non-discrimination, Paragraph 10

Christophe Jaffrelot, India's Silent Revolution: The rise of lower castes in northern India, p. 321. 2003

Sher, George, "Preferential Hiring", in Tom Regan (ed.), Just Business: New Introductory Essays in Business Ethics, Philadelphia, Temple University Press, 1983, p. 40.

Does affirmative action hurt minorities?, Los Angeles Times, 26 September 2007

Quotas on trial, by Thomas Sowell, 8 January 2003

A full list of references for this article are available at the Affirmative action Wikipedia page

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Important Disclaimers

AI-Generated Content Advisory

This content has been generated by an Artificial Intelligence model and is intended for educational and informational purposes only. It is based on publicly available data from Wikipedia and has been refined to meet academic standards. While efforts have been made to ensure accuracy and comprehensiveness, the information may not be exhaustive or entirely up-to-date.

This is not legal or policy advice. The complexities surrounding affirmative action involve intricate legal, ethical, and social considerations. The information provided here should not be considered a substitute for professional legal counsel, policy analysis, or expert consultation. Always consult with qualified professionals for advice tailored to specific situations.

The creators of this page are not responsible for any errors, omissions, or consequences arising from the use of this information. Readers are encouraged to consult primary sources and engage in critical analysis of the topic.

Equity in Action

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Understanding Affirmative Action ⚖️

🤝 Core Concept

📜 Terminology

📊 Spectrum of Implementation

Historical Context ⏳

🇺🇸 United States Origins

🌍 Global Evolution

Implementation Strategies 🛠️

🔢 Quotas and Targets

🎯 Targeted Encouragement

💰 Financial Support

⚖️ Relaxed Criteria

Global Approaches 🗺️

🇺🇸 United States

🇮🇳 India

🇪🇺 European Union

🇬🇧 United Kingdom

🇨🇦 Canada

🌏 Other Nations

The Ongoing Debate ⚖️

👍 Arguments for Affirmative Action

👎 Arguments Against Affirmative Action

📊 Public Opinion

Teacher's Corner 🧑‍🏫

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📜 References

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Important Disclaimers ⚠️

📜 AI-Generated Content Advisory

Dive in with Flashcard Learning!

Understanding Affirmative Action

Core Concept

Terminology

Spectrum of Implementation

Historical Context

United States Origins

Global Evolution

Implementation Strategies

Quotas and Targets

Targeted Encouragement

Financial Support

Relaxed Criteria

Global Approaches

United States

India

European Union

United Kingdom

Canada

Other Nations

The Ongoing Debate

Arguments for Affirmative Action

Arguments Against Affirmative Action

Public Opinion

Teacher's Corner

True or False?

Test Your Knowledge!

Gamer's Corner

Discover other topics to study!

References

Feedback & Support

Important Disclaimers

AI-Generated Content Advisory