For decades, the topics of discrimination and inequality have been prominent in both private and public arenas, in large part because women and minorities have typically been the last of the groups to be granted the rights that a European American male would receive in the United States. For example, white men have had voting and decision-making rights since the concept was introduced and democracy implemented, illustrated by the fifty-six signatures on the United State's Declaration of Independence. With the passage of the 14th and 15th Amendments nearly one hundred years later, African American men were granted the right to vote, but with the states working to abridge that right for nearly 90 years. Women, however, were given the opportunity to vote on August 26, 1920--many years behind their male counterparts. After years of inequality, President John F. Kennedy introduced the concept of affirmative action in 1961. He mandated that projects financed with federal
funds "take affirmative action" to ensure that hiring and employment practices were free of racial bias. In 1964, Lyndon B. Johnson signed the Civil Rights Act that implemented and exemplified affirmative action by prohibiting discrimination of all people based on race, color, religion or national origin. Forty-four years later, Barack Obama--a black man--beat out his competition with flying colors in the 2008 presidential election. It was a historic moment when he won the majority vote while two women were also in the race for president and vice president, respectively. Instances like the election of President Obama paint a picture of a country where regulatory practices such as affirmative action will not need to exist in order to guarantee equal and ethical treatment of all individuals--a working environment that all American inhabitants must strive towards achieving.
According to Marquita Sykes, columnist for the National Organization for Women, affirmative action is the set of public policies and initiatives designed to help eliminate past and present discrimination based on race, color, religion, sex, or national origin. The goal of this enforced law is to provide equal opportunities for all minority cultural groups--the same rights that white males receive when applying for governmental, educational or industry positions. Proponents of these policies argue that the misrepresentations of women and minorities in business is an example of institutionalized discrimination, so a law that regulates hiring practices is imperative for the opportunity of equal rights. Scott Plous, author of Ten Myths About Affirmative Action, argues that opponents of these policies rely on common misconceptions. He states, along with many other findings, that affirmative action is a response to a statistically observed inequity in representation, reproducibly demonstrated by social scientists in many societies with a history of discrimination. Other supporters of these practices claim that diversity would most likely not occur without the implementation of laws such as affirmative action and these policies allow minorities to seek out areas to work or studies that they may not have considered otherwise. On the African American Policy Forum, individuals ranging from students to political figures write about their experiences with affirmative action and how the legislation has positively affected their personal and professional lives. Colin Powell's testimony addresses that the policy provides equal consideration, but not special preference--an argument by many opponents of the regulatory practice.
Two other reasons for the implementation are that some stereotypes may never be broken without such governmental intervention and that it took affirmative action to give racial minorities and women the chance to show their capabilities in the workforce and it compensates black Americans for all the years of persecution they endured from their country. A status report conducted by William A. Galston found that from the time of implementation, black Americans' employment share grew a few percentage points in some fields of interest and over the last three decades, the United States has seen a large increase in the black middle class relative to their white counterparts. Although this cannot be directly attributed to affirmative action, supporters of the policies do argue a strong correlation between the two. However, not all members of these protected groups support the implementation of affirmative action. According to a study done by the U.S. Embassy, a large percentage of both white Americans and minorities oppose affirmative action because of the illusion of special preference and dictation of racial quotas. So while America has seen a progress toward cultural equality for all, but it is clear that some also argue against these policies--even individuals who are part of the groups who are supported by the law.
Opponents of affirmative action have many arguments denouncing any progress the policies have made and claim that the law has actually reversed discrimination to negatively affect Caucasian Americans. According to G. Stolyarov II in his article for the Associated Content titled, Three Ethical Arguments Against Affirmative Action argues that the law punishes non-minority workers and students, many of whom are the most
innocent and industrious of persons and that even if a minority professional is a qualified, rational practitioner, he or she will be shunned due to the stereotype, created by affirmative action, that he or she is a puppet of special interest wars. There have also been lawsuits that have manifested from the integration of affirmative action, one being the Bakke Case of 1978. Brogna Brunner, in her article titled Affirmative Action History: A History and Timeline of Affirmative Action, references the reverse discrimination case and the argument that a prospective medical student, Allan Bakke, felt he was discriminated against and denied acceptance two years in a row because admissions reserved spots for under qualified minorities. In an attempt to ban affirmative action practices, states have proposed measures on ballots that would end its forty-five year reign. For example, in November 2008, the proposed ban went before voters in two states, Nebraska and Colorado. The ban passed with more than 50% of the vote in Nebraska while voters in Colorado reject the proposed ban--so it is evident that the policy is not entirely accepted, yet the majority of the United States choose to stand behind it. A poll conducted by Pew Research Center Publications found that acceptance of the legislation is on the rise, going from 58% favoring the law in 1995 to 70% in late 2007, illustrating that although some states are opposed to its existence, the trend is leaning toward acceptance and implementation. Arguments against affirmative action raise legitimate and relevant concerns that deserve to be addressed and regulated, however, the concerns do not provide enough evidence to reverse the law. The regulatory policy was not implemented to hire less qualified workers, but rather to provide equal opportunity and access to all individuals regardless of their race, color, religion, sex, or national origin. Because of this, women and ethnic minorities have had the opportunity to display their talents on the same playing field as their white counterparts after decades of being subdued and discriminated against. Ideally, policies such as this one would not exist, however, discrimination is alive and well in the world, and until that phenomenon proves to be irrelevant, regulatory hiring practices must be put into place in order to provide equal and ethical treatment to all individuals.