Last week, we looked at Affirmative Action policies in higher education and how colleges and universities try to make their campus racial diverse by considering race in the admission process. We looked and examined how Harvard’s lawsuit could have detrimental effects against Affirmative Action as a policy. I believe that as a policy, Affirmative Action is still needed, even though it has its flaws. Now we are going to be examining Affirmative Action as it pertains to public schools and the workforce.
Affirmative Action at Public Schools: Meredith v. Jefferson County Board of Education (2006)
Jefferson County Public Schools was integrated due to court order up until 2000. When Jefferson County Public Schools decided to create an enrollment plan to maintain substantial racial integration, students could have chosen freely what school they wanted to attend. However, no school was allowed to have an enrollment of black students less than fifteen percent or greater than fifty percent of the school’s population. Crystal Meredith, a parent of Joshua, had applied for her son to go to Bloom Elementary School, and the school rejected his application due to the fact that his admittance would imbalance its racial makeup. Parents sued the school district, arguing that the schools’ racial classifications violated the students’ Fourteenth Amendment right to equal protection.
Result of Meredith v. Jefferson County Board of Education:
The Supreme Court applied ‘strict scrutiny’ to the framework and found Jefferson’s County Public School enrollment plan unconstitutional under the Equal Protection Clause of the Fourteenth Amendment by a 5-4 vote. Compare to Higher Education, Jefferson school’s program did not involve any individual consideration. The School’s Plan was targeted towards demographic goals and not by any educational benefit from racial diversity. Even though the use of race, in this case, was unconstitutional, Justice Kennedy argued that public schools may consider race to ensure equal educational opportunities.
Affirmative Action in the Workforce: Ricci v. DeStefano (2009)
Hispanic and white candidates for promotion in Connecticut, fire department sued after their examinations were discarded because there wasn’t enough of minorities that passed their test. The New Haven, Civil Service Board, failed to certify the two exams needed for the plaintiffs’ promotion from Lieutenant to Captain. The Board did not approve the examinee’s test because the results of the test would have promoted a high number of white candidates compared to minority candidates. The Supreme Court ruled that the plaintiffs had their rights violated under Title VII of the Civil Rights Act (1964) and the Fourteenth Amendment.
Result of Ricci v. DeStefano:
The Supreme Court held that the City of New Haven violated the Civil Rights Act. The Court reasoned that before an employer intentionally discriminates for the sole purpose of avoiding a “disparate impact” on race, the employer must have a strong basis in evidence that be subjected to liability.
My Opinion:
It is important to note that both of these cases take place in the 21st century and are only a few years old. With both cases, violation of the Civil Rights Act and the Fourteenth Amendment are always mentioned when talking about Affirmative Action policies. The Civil Rights Act of 1964 banned segregation based on race, religion, or national origin at all places with public accommodation. However, Title VII of the Civil Rights Act banned employment discrimination of race, religion, sex, or national origin and also created the Equal Employment Opportunity Commission, which has the power to file lawsuits for individuals who feel that they have been discriminated against. The Fourteenth Amendment (1868) grants citizenship to African-Americans and slaves who had been ‘emancipated’ after the Civil War. The Fourteenth Amendment also prohibits any State from denying individuals equal protection of the law and prohibits States from denying people due process. Is it fair for public schools to limit the number of minorities? No. And is it right for the workforce to discriminate because it disproportionally favors one group unintentionally? No. In order to promote diversity or enable diversity, race does play a pivotal role. However, establishing percentages or reserving slots for minorities is not the route to go.
Izzy's World 