Employment Law Information

Following the Civil Rights Movement of the 1950s and 60s, programs were put into place to provide recompense for social groups who were unfairly discriminated against in the past. The programs, formally known as affirmative action, predominantly focus on providing more opportunities for African Americans and women.

Intent and Execution

While the intent of affirmative action programs was to level the previously lopsided playing field of employment and education, many people argue that is has merely tilted the field to favor the other side. Execution of affirmative action programs has taken many forms, which vary depending on the institution.

Employment

When hiring, many employers strive to achieve a quota for persons of a particular race or gender. There are a number of systems in place which help employers to accomplish this. A common method of encouraging diversity is by means of a test. Potential employees are required to take a hiring exam, and, after the exams are scored, candidates of a certain race or gender receive additional points. After exams are compared, the highest scores are offered the job.

Universities

It was ruled illegal for universities to have numeric quotas for groups of people, so they had to adopt a different method for encouraging diversity. Texas, for example, created a law which allows the top 10% of a graduating class automatic admission into any public school. Because schools are still highly segregated, this enables many minorities entrance into universities that they would otherwise not have been admitted into if admissions were only merit based.

What Critics Say

While affirmative action programs were created with good intentions, they have garnered quite a bit of opposition. Critics often argue that affirmative action:

• Is a form of reverse racism that encourages prejudice

• Favors less qualified individuals because of their race or gender instead of merit

• Punishes current generations for injustices of the past

What Proponents Argue

Proponents of affirmative action typically argue that:

• Diversity is an end that is worth the means because it is more representative of the population

• Injustices of the past must be recompensed

• Affirmative action programs do not just target race, they also consider gender and class

Regardless of what side of the debate you fall on, it is important to be aware of both sides of the argument, and to understand the reasoning behind these programs.

For more information on discrimination in the workplace, contact the San Antonio employment lawyers of Melton & Kumler, LLP.

Joseph Devine

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