“Any governmental classification or preference based on racial or ethnic criteria must be justified by a compelling governmental interest, and the means chosen by the government to effectuate its purpose must be narrowly tailored to the achievement of that goal.” “A public employer must have convincing evidence of prior discrimination in its employment practices before it embarks on an affirmative action program.” Should current laws and regulations concerning affirmative action policies be continued? Affirmative action is designed to stop discrimination in the workplace and even out the opportunities for each race but is it really stopping discrimination or are the results of affirmative action helping discrimination exist? Affirmative action is unfair and unjust to well-qualified individuals.
Defenders of affirmative action feel that minority groups are at a disadvantage from hundreds of years of discrimination that benefited whites and that affirmative action levels the playing field in the workforce for minority groups. But in no way do these minor arguments for Affirmative action make it right or just to take equal opportunity rights away from a more qualified nonminority individual. What Affirmative action is doing is rekindling the fire between an almost settled hatred among different races. This is too high of a price to pay just to allow some less qualified minority individuals to hold a particular job or position. At a time when campuses nationwide are struggling with issues of diversity, an Orlando Florida school board created two new law schools at universities with high minority enrollment in an effort to bring more blacks and Hispanics into legal careers without using affirmative action.
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This fall, the new College of Law will hold its first classes in an old downtown building here as part of Florida A&M University, a historically black university. At the same time, a public law school will open at Florida International University, a Miami institution where half the students are Hispanic. “I don’t think of this as a Hispanic law school, I think of it as a diverse law school,” said Leonard Strickman, dean of Florida International’s College of Law. “The idea is the diversity that happens without having to distort either how people are brought in or how they’re trained. And at this campus, in this city, that kind of diversity is implicit.” This appears to be a reasonable approach to solving a problem without having to enforce unnecessary laws. The school is allowing anyone qualified to attend and there is no regulations on race or color. Affirmative action policies have been enforced in some workplaces by employers but in many cases have been found unjust by the law.
Courts and judges have been involved in this dispute over affirmative action and one judge Justice Powell, announced his opinion on Affirmative action policies joined by Chief justice Burger and Justice Rehnquist and in part by Justice O’Connor expressed the view that “A Workplaces interest in providing minority employees in an attempt to alleviate the effects of societal discrimination is insufficient to justify racially discriminatory practices in the hiring and layoff of any individual.” We as a people should be concerned with societal discrimination but not when the result is that we are practicing racial discrimination when hiring and laying off individuals. “The existence of societal discrimination, without more, is an insufficient basis for imposing racially discriminatory legal remedies that work against innocent people.”
There are arguments that some senior members of labor unions have agreed to a race-based layoff plan, however the fact that a race-based layoff plan has been approved by the more senior members of any labor union does not operate to waive the constitutional rights of the most junior nonminority members, who would bear the entire burden of the plan.” There are other ways than affirmative action to create a diverse environment. Two Florida Universities. I Strongly agree with Powell’s, judgment on this matter. Affirmative action is unconstitutional and is prejudiced against well-qualified innocent people. People do not belong to groups they are individuals and should not be punished for an outside factor such as race, which they cannot control. Trying to manage a minority program for hiring and laying off people is a burden that is unjust and unnecessary.
- Bollenbach, Todd American Civil Rights Institute.
- Sacramento, 1998 www.acri.org
- Wygant V. Jackson Board of Education, Lexis-Nexis. 1986. www.Lexis-nexis.com