Since many practices in most institutions were likely to be exclusionary, rejecting minorities and women in greater proportion than white men, all institutions needed to reassess the full range of their practices to look for, and correct, discriminatory effect.
Because equality still eludes the beneficiaries of affirmative action, supporters dismiss attacks on the policies as part of a backlash. Nevertheless, there it is in the majority opinions, to be seized on and developed by a future court if it is so disposed.
The prospects seem dim. The whole idea behind affirmative action is to right the wrongs of the past. In a landmark decision with wide-ranging implications for affirmative action programs across the United States, the Court ruled that it does not violate the Equal Protection Clause to give some preferential treatment to disadvantaged minorities, calling the diversity that minorities bring to education, business, and the military necessary for the cultivation of "a set of leaders with legitimacy in the eyes of the citizenry.
Organizations representing police officers and firefighters, such as the national Fraternal Order of Police, complain that qualifications and standards have fallen to accommodate affirmative action candidates.
What is required by Congress is the removal of artificial, arbitrary, and unnecessary barriers to employment when the barriers operate invidiously to exclude on the basis of racial or other impermissible classification.
Institutions could for one or another good reason properly depart from standard meritocratic selection criteria because the whole system of tying economic reward to earned credentials was itself indefensible. Malaysia provides affirmative action to the majority because in general, the Malays have lower incomes than the Chinese, who have traditionally been involved in businesses and industries, but who were also general migrant workers.
The idea of affirmative action was foreshadowed as early as the Reconstruction Era, which followed the u.
The battle over Bakke and its effects on higher education swung into focus inwhen the 5th Circuit Court of Appeals struck down affirmative action in college admissions in their decision Hopwood v. Although at the beginning of our observation period, only 7 of 91 prominent directors were women.
These numbers barely scratch the surface of the antagonisms in a debate now more than thirty years old.