Patricia Fernandez-Kelly

Freshman Seminar Fall 1997: Race and Ethnicity: On Trial:
Affirmative Action at the Dawn of a New Century

Race continues to be America's greatest drama and a central focus of public policy. A major consequence of the Civil Rights Movement was the passage of legislation to establish anti-discriminatory and set-aside programs for racial and ethnic minorities. Title VII of the 1964 Civil Rights Act -- outlawing employer discrimination against blacks and other minorities -- and Executive Order 11246 -- requiring federal contractors to establish affirmative-action plans for complying with Title VII -- became the centerpieces of the new policies. Narrowly construed, Affirmative Action refers only to these items of legislation. In everyday usage, however, it embraces all efforts to improve minority opportunities, regardless of whether they are mandated by federal law. Although Affirmative Action had opponents from the beginning, it was only in the 1980s that it came under serious attack. As our century draws to an end, steps are being taken to reverse government policies that have been in effect for three decades.

Together, we will review the history of Affirmative Action, its consequences, and possible alternatives for the next century. The seminar will begin with a historical sketch of government actions regarding race and ethnicity, followed by an analysis of the costs and benefits of Affirmative Action. Attention to unintended effects and tensions between economic efficiency and procedural justice will anchor our review. Among lthe issues to be examined are the pros and cons of racial and ethnic categorization, the rise of "reverse discrimination," and the extent to which the intentions of Affirmative Action have been confounded by disparities in socio-economic status.

Finally, we will ask whether it is within the proper domain of government to attempt to achieve racial/ethnic equality. We will explore alternatives, such as policies based on social class and income rather than race or ethnicity. We will also study government interventions (investment in education, mentorship programs, business formation) that may have an indirect but positive effect on racial and ethnic equality.

Links that may be of interest:

THE CIVIL RIGHTS MOVEMENT AND THE LEGACY OF MARTIN LUTHER KING, JR. |Photo Tour of the Civil Rights Movement | Civil Rights Movement |CIVIL RIGHTS ACT OF 1964 | Civil Rights Act of 1964 |The U.S. Equal Employment Opportunity Commission |Civil Rights Commission Reauthorization Act> |CIVIL RIGHTS ACT OF 1991 |PRESIDENT CLINTON'S REMARKS ON AFFIRMATIVE ACTION |Maintaining Affirmative Action |Californians for Justice |Professor Brown Shoes and Me |Department of Justice: Proposed Reforms to Affirmative Action in Federal Procurement |New affirmative action director selected |United States Department of Labor Office of Administrative Law Judges Law Library: Titles 3-4 Affirmative Action Plans |United States. Fourth District Court of Appeals. Podberesky v. Kirwan. 38 F.3d 147 1994 |S. 318 -- An act to amend the Civil Rights Act of 1964 |Affirmative Action by Patrick J. Buchanan |Democratic Caucus: Affirmative Action Task Force |Prop. 209 camps try to pinpoint the impact of affirmative action |NEW REPORT ON ASIAN AMERICANS AND AFFIRMATIVE ACTION |Samoans and the Affirmative Action battle in California |Economics of Affirmative Action |Affirmative Action Review: Report to the President |