This week’s assignment was to write an essay based on the questions presented in this week’s case study, “Minority Set-Asides” from Moral Issues in Business. which is based on the Supreme Court case, City of Richmond v. Croson (1989). The case involves the aspiration to mandate set-asides in government procurement, however, it was reversed on the basis of constraint to use as a “remedy for previous discrimination”.
As Shaw and Barry (2001) explain, in 1989, the Supreme Court, in a 6-to-3 decision, ruled that the Richmond plan was in violation of the equal protection clause of the Fourteenth Amendment (p. 1). Furthermore, described by Shaw and Barry (2001), “in delivering the opinion of the majority of the Court, Justice O’Connor argued that Richmond had not supported its plan with sufficient evidence of past discrimination in the city 's construction industry” (p.1). However, the court’s decision was not unanimous. Other Justices option was that as Shaw and Barry (2001) quoted, …” Its proof includes statistics showing minority-owned businesses have received virtually no city contracting dollars;… testimony by municipal officials that discrimination has been widespread in the local construction
…show more content…
Do you agree that affirmative action measures must meet the standard? I believe the plan should be tailored across the board to have a universal system to eliminate the guessing of a certain percentage. The plan should concentrate on true minority business that have qualified employees and produce a project or service that meets the standards of non-minority business. There should be oversight of the plan and work performed. Minority businesses should be held to the same standards as non-minority
Shelby Steele’s perspective about affirmative action is that it’s didn’t help African Americans achieve equality. Continuously, he believes that affirmative action only reinforces the misconception that people should be treated differently according to their outward appearance. Affirmative action is created to improve opportunities for minorities in employment and education. Like any legalization, affirmative action has positive and negative sides, however I disagree with Shelby Steele that negative effect on minorities. In our country, we have decades of racial, economical, and social inequality for minorities, and affirmative action tries to address that disparity.
Why do you believe these actions were discriminatory? The first case file with EECO by Tanya Conde girl friend of Samuel Varriano Maintenance #3 who was fired from Pitt University .The defendent 's in case Robert Godzik, William Franicola supervisor and Pitt University was dismissed . Now Robert Godzik and Pitt University have confidence themselves this isn 't a hostile work environment .With
However, standards must remain in place in order for a company or business to maintain productive outcomes. If a construction company requires a process-oriented program and mandates that every applicant must have a commercial driver’s license, an exception should not be made for the applicant of minority who has not had the opportunity to take theirs. Fair process, fair outcome. No exceptions. This is the exact point of affirmative action ; to have an equal
Selden Richardson, in his chapter “Black Entrepreneurs, Designers, Craftsmen, and Builders,” he claims that the ruling for “separate but equal” led to positive outcomes for the black community. The most positive outcome was the creation of black jobs building all black neighborhoods, specifically in Richmond, Virginia. These jobs included craftsmen, builders, architects, contractors, and loan companies. In the last couple of weeks we have now discussed and read about black run newspapers.
Katznelson’s argument that affirmative action policies were enacted with purposeful, deliberate discrimination is convincing. Namely, he considers the historical context that would have shaped Americans at the time and swayed their opinions. For example, Katznelson references the Civil War and the end of slavery, and how these events shaped the attitudes of key players like the Southern Democrats, which would then result in the faulty policies that perpetuated affirmative action’s favoritism of whites. His evidence is sufficient as well. Katznelson highlights the trend of Southern Democrats interfering in affirmative action policies and the footholds they had in specific acts.
The Equal Opportunity Act of 1964 was the most progressive act since the reconstruction. Although not intentionally, many blacks were intimidated after winning these new rights. They were intimidated not to go to the workplace, voting, or schools. In all, the law did succeed in it’s plan to integrate and eliminate segregations. It succeeded because it was a law that finally went in favor of the ones fighting for equality.
In the late 19th and early 20th centuries, a large portion of Americans were restricted from civil and political rights. In American government in Black and White (Second ed.), Paula D. McClain and Steven C. Tauber and Vanna Gonzales’s power point slides, the politics of race and ethnicity is described by explaining the history of discrimination and civil rights progress for selective groups. Civil rights were retracted from African Americans and Asian Americans due to group designation, forms of inequality, and segregation. These restrictions were combatted by reforms such as the Thirteenth Amendment, the Fourteenth Amendment, the Fifteenth amendment, the Civil Rights Act of 1964, the Voting Rights Act of 1965, etc. Although civil and political
In 1891, a group of concerned young black men of New Orleans immediately formed the “Citizens’ Committee to Test the Constitutionality of the Separate Car Law.” They raised money and engaged Albion W. Tourgée, a prominent Radical Republican author and politician, as their lawyer. The poeple involved in this case are the young concerned black men the us government and the states. On May 15, 1892, the Louisiana State Supreme Court decided in favor of the Pullman Company’s claim that the Separate Car Law was unconstitutional. The importance of this case is that In 1883, the Supreme Court finally ruled that the 14th Amendment did not give Congress authority to prevent discrimination by private individuals(Plessy v.
er Awad Professor Muse SCMA 323: Business Law November 16, 2016 Brown vs. Board of Education: School Desegregation Brown vs Board of Education was one of the biggest cases ever brought upon the Supreme Court and on May 17, 1954, it was unanimously ruled that the segregation of races within public schools was unconstitutional. In fact, at the time of the case, over thirty three percent of public schools were lawfully segregated by race and the court had to decide between the racism within the United States. Dating back to the Civil War time, the United States declared its independence from England with a document known as the Deceleration of Independence; in this document it is stated “all men are created equal,” and this was definitely not
In the case of Strauder v. West Virginia, an African American man challenged the state’s law that only whites could serve in jury duty, saying that it was unconstitutional to the 14th Amendment, but the court ruled that states could choose to exclude any person from serving on a jury, even if that reason was simply because they were not white (Strauder v. West Virginia). From this decision, it is clear that, even after the passing of the 14th Amendment, many, if not most court judges thought that African Americans were inferior, intellectually and morally, to white men, and still held that equal participation in the government should not be possible. The denial of African Americans from serving their country, through their local courts, in the same capacity as white people was a chief reason for the continual contention that was had with state governments, especially those that were disinclined to allow civil rights to African Americans, and court appeals for violation of rights seemed to be the most effective way to induce the equality of the races, or at least to make people aware of the social injustice. One of the most famous examples of the push against discrimination was the landmark Brown v. the Board of Education, a consolidation of four cases from four states against the state government for the laws against African Americans children from attending “whites only” schools violating the Equal Protection Clause of the Fourteenth Amendment (Brown v. Board of Education). The idea of schools that educate students of different races was not a frontrunning issue in America’s sociopolitical eye until the eve of the Civil Rights Movement, and although the Fourteenth Amendment protects the rights of American citizens to enjoy equal institutions, the
If Affirmative Action stays in effect, nothing further should be done by the United States government, African Americans have all the civil rights that white Americans have and if they face discrimination as a result of their race, they have opportunities to remedy the
The ruling thus lent high judicial support to racial and ethnic discrimination and led to wider spread of the segregation between Whites and Blacks in the Southern United States. The great oppressive consequence from this was discrimination against African American minority from the socio-political opportunity to share the same facilities with the mainstream Whites, which in most of the cases the separate facilities for African Americans were inferior to those for Whites in actuality. The doctrine of “separate but equal” hence encourages two-tiered pluralism in U.S. as it privileged the non-Hispanic Whites over other racial and ethnic minority
5 Brown v. Board of Education There were many arguments both for and against school segregation. One was the claim that educational decisions were to be left to the state and local courts, and not to be decided by the Supreme Court. Another was that students should be taught where they are most comfortable learning. It was thought that white children were more comfortable learning with white children and the same goes for African-American children. Also, students must be given and equal learning environment, not the same school.
Weak affirmative action which is just an effort to ensure that all qualified minority groups are considered whereas the strong one is when some sort of preference is given to the minority candidate. Later the author concludes that he will focus on the strong affirmative action because it is the most controversial one. Then the author gives us many arguments of different people and critics for and against affirmative action. Later on, David Boonin gives us his own arguments in favor of affirmative action which are 1) the unfair disadvantage argument; 2) the (other) compensation argument; 3) the appeal to diversity; 4) the need for role models; 5) the bias-elimination argument; 6) race as a qualification. “I conclude that while affirmative action may prove to have some desirable features and some beneficial consequences, there’s no reason to believe that it’s morally obligatory.
Throughout many of the affirmative action legal cases, one of the main arguments from proponents is that it is necessary in order to right the wrongs of past racial discrimination. Some say that affirmative action is justified because even though white applicants may be more qualified, this is only because they did not face the same hardships as their minority counterparts (Rachels, Ethics, 1973). Many argue if we do not integrate disadvantaged minorities into mainstream social institutions, they will continue to suffer the discrimination that has plagued our country for centuries and that this is detrimental to not only the minorities but also society as a whole (Anderson, 2002, 1270–71). However, the debate has recently shifted to the benefits of diversity in the classroom which the Supreme Court has affirmed as being a positive thing