Expert: John Fuller - 4/13/2008

Question
I have to do a paper on Affirmative action and I have to ask an expert on his/her input and or opinion. I have to questions for you, Do you think that Affirmative action violates the Equal Protection clause? If you do why? If you do not why? Do you think that affirmative action should continue or should it be phased out. Do you think it should be re-instated where it has been outlawed??


Answer
Hello Jenna,

I am certainly glad to assist you.

I do not believe that Affirmative Action violates the Equal Protection clause if the actions contained in the plan to not discriminate.  We all have to be cognizant that AA plans are designed to have affirmative actions taken by companies to ensure equal employment opportunity.  That does not mean quotas but it does mean taking the sometimes extra steps necessary to ensure that applicants are identified and have the opportunity to apply for positions.  Those actions can be through advertising, mentorship programs, succession planning, etc.  There are very rare instances where a quota may be mandated by a court because of a history of discimination by that company and that is why they are ordered to do so for a limited time; however that is not the majority of the time.

As a long time diversity and affirmative action professional, I would love to see the day when this is entirely phased out. There are a myriad of laws in place to ensure equal employment opportunity and when we as a country get to the point of Dr. King's legacy of content of character, then it should be; even the Supreme Court agrees with that.  We have made tremendous progress and I feel we are very close to achieving that goal.  

Affirmative Action has not been outlawed although those institutions that went beyond affirmative action into what would be considered discrimination had their programs either voted out (such as in California universities, et al) or eliminated by Supreme Court decision such as in Michigan.  Giving extra credit because of race is not an affirmative action and was rightfully outlawed.  It is far more equal to consider social economic status in college admissions as a broad spectrum versus assigning extra points for race.  I believe it is the people who can decide that in their own states.

If you have any more questions, please feel free to ask.

John