AFFIRMATIVE ACTION, JOBS, AND AMERICAN DEMOCRACY: WHAT HAS HAPPENED TO THE QUEST FOR EQUAL OPPORTUNITY?

• NCJ Number: 142420
• Journal: Law and Society Review Volume: 26 Issue: 4 Dated: (1992) Pages: 901-922
• Author(s): P Burstein
• Date Published: 1992
• Length: 22 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This review considers equality and racial justice in the context of equal employment opportunity (EEO) and why many have come to see EEO as a fight for special preferences rather than equality.

Abstract

The debate over affirmative action begins with how affirmative action and discrimination should be defined. Key issues in this debate also concern the extent of discrimination and reverse discrimination in the labor market, Federal enforcement policies and whether they lead to preferential treatment of blacks, and the impact of EEO legislation and affirmative action on blacks. Although it is difficult to gauge the amount of discrimination suffered by any group, most social scientists believe that employment discrimination against blacks has declined since the adoption of Title VII. There is little evidence of reverse discrimination, compared to that of discrimination against blacks, other minorities, and women. This does not mean, however, that reverse discrimination does not occur. Two elements of the argument about affirmative action enforcement are crucial, the role of courts and the impact of Federal policies on employees and unions. Those opposed to affirmative action contend that the 14th amendment forbids racial preferences. Due to the intensity of Federal pressure, as well as the fear of appearing to be opposed to civil rights, many employers and unions seem to prefer blacks over whites in employment. Available evidence, however, does not clearly indicate that government efforts to compel preferential hiring are as significant as affirmative action opponents presume. The impact of EEO legislation and affirmative action on blacks is discussed, and the motives of individuals who oppose affirmative action are examined. The role of Title VII in forcing employers, unions, and workers to confront the capacities, needs, and demands of diverse groups is also addressed. 55 references