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On October 11, 2013, a diverse group of civil rights scholars met at the University of Michigan Law School in Ann Arbor to assess the interpretation, development, and administration of civil rights law in the five decades since President Lyndon Baines Johnson signed the Civil Rights Act. In the volume that follows, readers will find edited versions of the papers that these scholars presented, enriched by our lively discussions at and after the conference. We hope that the essays in this volume will contribute to the continuing debates regarding the civil rights project in the United States and the world.
Many U.S. soldiers perceive the military promotion system to be unfair as a result of the implementation of federal affirmative action policies, yet the Department of the Army has made few efforts to identify and address the nature of this problem. This study examined the nature of the relationship, if any, between interracial conflicts in the Army and promotion policies resulting from affirmative action legislation. The research questions and hypothesis focused on understanding soldiers’ perceptions of the enforcement and effect of affirmative action policies in the military promotion system. This concurrent mixed methods study utilized critical social theory as the conceptual framework. Online surveys based on the Ways of Coping survey were delivered to 163 soldiers at Fort Campbell, Kentucky. A total of 43 surveys were returned and used for data analysis of a MANOVA and a Chi-squared test, which indicated that racial myths were not significantly related to the affirmative action strategies used in the military promotion system. Of the 43 respondents for the quantitative data, a simple number generator was used for selecting 4 participants for qualitative interviews. Qualitative findings indicated that racial myths do exist among soldiers; these myths tend to cast doubt upon Black soldiers’ professional achievements despite their high achievement results on military promotion metrics. This study can lead to positive social change by stimulating the redesign and accurate interpretation of military affirmative action policies, investigating disparities in the military’s grievance processes for racial discrimination complaints, and minimizing racist behavior in the military culture.
An engaging and eclectic collection of essays from leading scholars on the subject, which looks at affirmative action past and present, analyzes its efficacy, its legacy, and its role in the future of the United States. This comprehensive, three-volume set explores the ways the United States has interpreted affirmative action and probes the effects of the policy from the perspectives of economics, law, philosophy, psychology, sociology, political science, and race relations. Expert contributors tackle a host of knotty issues, ranging from the history of affirmative action to the theories underpinning it. They show how affirmative action has been implemented over the years, discuss its legality and constitutionality, and speculate about its future. Volume one traces the origin and evolution of affirmative action. Volume two discusses modern applications and debates, and volume three delves into such areas as international practices and critical race theory. Standalone essays link cause and effect and past and present as they tackle intriguing—and important—questions. When does "affirmative action" become "reverse discrimination"? How many decades are too many for a "temporary" policy to remain in existence? Does race- or gender-based affirmative action violate the equal protection of law guaranteed by the Fourteenth Amendment? In raising such issues, the work encourages readers to come to their own conclusions about the policy and its future application.
A briefing before the United States Commission on Civil Rights, held in Washington, D.C., June 16, 2006.
The debate over affirmative action has raged for over four decades, with little give on either side. Most agree that it began as noble effort to jump-start racial integration; many believe it devolved into a patently unfair system of quotas and concealment. Now, with the Supreme Court set to rule on a case that could sharply curtail the use of racial preferences in American universities, law professor Richard Sander and legal journalist Stuart Taylor offer a definitive account of what affirmative action has become, showing that while the objective is laudable, the effects have been anything but. Sander and Taylor have long admired affirmative action's original goals, but after many years of studying racial preferences, they have reached a controversial but undeniable conclusion: that preferences hurt underrepresented minorities far more than they help them. At the heart of affirmative action's failure is a simple phenomenon called mismatch. Using dramatic new data and numerous interviews with affected former students and university officials of color, the authors show how racial preferences often put students in competition with far better-prepared classmates, dooming many to fall so far behind that they can never catch up. Mismatch largely explains why, even though black applicants are more likely to enter college than whites with similar backgrounds, they are far less likely to finish; why there are so few black and Hispanic professionals with science and engineering degrees and doctorates; why black law graduates fail bar exams at four times the rate of whites; and why universities accept relatively affluent minorities over working class and poor people of all races. Sander and Taylor believe it is possible to achieve the goal of racial equality in higher education, but they argue that alternative policies -- such as full public disclosure of all preferential admission policies, a focused commitment to improving socioeconomic diversity on campuses, outreach to minority communities, and a renewed focus on K-12 schooling -- will go farther in achieving that goal than preferences, while also allowing applicants to make informed decisions. Bold, controversial, and deeply researched, Mismatch calls for a renewed examination of this most divisive of social programs -- and for reforms that will help realize the ultimate goal of racial equality.
In this book, philosopher David Boonin attempts to answer the moral questions raised by five important and widely contested racial practices: slave reparations, affirmative action, hate speech restrictions, hate crime laws and racial profiling. Arguing from premises that virtually everyone on both sides of the debates over these issues already accepts, Boonin arrives at an unusual and unorthodox set of conclusions, one that is neither liberal nor conservative, color conscious nor color blind. Defended with the rigor that has characterized his previous work but written in a more widely accessible style, this provocative and important new book is sure to spark controversy and should be of interest to philosophers, legal theorists and anyone interested in trying to resolve the debate over these important and divisive issues.
In recent years American colleges and universities have become the locus of impassioned debates about race-conscious social policies, as conflicting theories clash over the ways to distribute the advantages of higher education in a fair and just manner. Just below the surface of these policy debates lies a complex tangle of ideologies, histories, grievances, and emotions that interfere with a rational analysis of the issues involved. As never before, the need for empirical research on the significance of race in American society seems essential to solving the manifest problems of this highly politicized and emotionally charged aspect of American higher education. The research evidence presented in this book has a direct relevance to those court cases that challenge race-conscious admission policies of colleges and universities. Though many questions still need to be addressed by future research, the empirical data collected to date makes it clear that affirmative action policies do work and are still very much needed in American higher education. This book also provides a framework for examining the evidence pertaining to issues of fairness, merit, and the benefits of diversity in an effort to assist courts and the public in organizing beliefs about race and opportunity.
Based on the fourth edition of The Law of Higher Education—the indispensable guide to law that bears on the provision of higher education—this Student Edition provides an up-to-date reference and guide for coursework in higher education law. It also provides a guide for programs that help prepare higher education administrators for leadership roles. This important reference is organized into five main parts Perspectives and Foundations; The College and Its Governing Board and Staff; The College and Its Faculty; The College and Its Students; and The College and the Outside World. Each part includes the sections of the full fourth edition that most relate to student interests and are most suitable for classroom instruction, for example: The evolution and reach of higher education law The governance of higher education Legal planning and dispute resolution The interrelationships between law and policy The college and its employees Faculty employment and tenure Academic freedom Campus issues: student safety, racial and sexual harassment, affirmative action, computer networks, services for international students Student misconduct Freedom of speech, hate speech Student rights, responsibilities, and activities fees Athletics and Title IX Copyright
This fourth edition of the indispensable guide to the laws that bear on the conduct of higher education provides a revised and up-to-date reference, research source, and guide for administrators, attorneys, and researchers. The book is also widely used as a text for graduate courses on higher education law in programs preparing higher education administrators for leadership roles. This new edition includes new and expanded sections on laws related to: * religious issues * alternative dispute resolution * the college and its employees * collective bargaining at religious and private colleges * whistleblower and other employee protections * personal liability of employees * nondiscrimination and affirmative action in employment * campus technology and computer networks * disabilities * student academic freedom * freedom of speech and hate speech * student organizations' rights, responsibilities, and activities fees * athletes' rights * USA patriot act and immigration status * public institutions and zoning regulations * regulation of research * coverage of retaliatory and extraterritorial acts * federal civil rights statues
A provocative new approach to race in the workplace What role should racial difference play in the American workplace? As a nation, we rely on civil rights law to address this question, and the monumental Civil Rights Act of 1964 seemingly answered it: race must not be a factor in workplace decisions. In After Civil Rights, John Skrentny contends that after decades of mass immigration, many employers, Democratic and Republican political leaders, and advocates have adopted a new strategy to manage race and work. Race is now relevant not only in negative cases of discrimination, but in more positive ways as well. In today's workplace, employers routinely practice "racial realism," where they view race as real—as a job qualification. Many believe employee racial differences, and sometimes immigrant status, correspond to unique abilities or evoke desirable reactions from clients or citizens. They also see racial diversity as a way to increase workplace dynamism. The problem is that when employers see race as useful for organizational effectiveness, they are often in violation of civil rights law. After Civil Rights examines this emerging strategy in a wide range of employment situations, including the low-skilled sector, professional and white-collar jobs, and entertainment and media. In this important book, Skrentny urges us to acknowledge the racial realism already occurring, and lays out a series of reforms that, if enacted, would bring the law and lived experience more in line, yet still remain respectful of the need to protect the civil rights of all workers.