The Supreme Court’s recently held in the Richi case that New Haven, Connecticut fire fighters who passed an exam necessary for promotion enjoyed the protection of the Constitutions’ Equal Protection Clause. Consequently, it would be improper to set aside the test results on the basis that no African-Americans who took the exam passed. Apparently, the exam was designed specifically to ensure that cultural and racial factors may have an impact on the results.
Some columnists have declared that this represents the end of affirmative action as it has been practiced in recent years. This would not be a negative development. Achieving real equality in a society is not possible since we all are individuals with different backgrounds, capabilities, and experiences.
Connections are often decisive factors in an individual being hired for a job, getting promoted, accepted to an institution etc. This is not desirable. If possible, personnel decisions should be based on merit. Recently, Financial Times Columnist Michael Skapinker wrote an insightful piece criticizing unpaid summer internships.
Such internships are often important factors in college students getting jobs after graduation in an increasingly competitive job market. Of course, not all individuals are lucky enough to be able to afford to not earn money over the summer. Should these students be at a disadvantage when they apply for jobs since they lack a prestigious internship on their resume or don’t know those individuals personally who might have the ability to influence a hiring decision within an organization.
We have minimum wage laws — but internships somehow are not covered. Perhaps this can be justified if a student is working for a non-profit organization and is receiving college credit (and hence can accelerate their studies, saving money in the process. What about for profit organizations? Sometimes internships are a way for employers to assess individuals who will eventually replace existing workers.
There is no way to ensure equal opportunity. Affirmative action based on race (as well as the alleged use of goals or targets) is unjustified. As President Obama indicated that no one can say that his children are disadvantaged. No one can challenge his intelligence and achievements. The same can be said of Attorney General Holder and Massachusetts Governor Deval Patrick. Is affirmative action based on race an anachronism?
Affirmative action should be primarily but not entirely based on economic factors. Of course, such a system is not without its drawbacks since circumstances change over time. Nonetheless, it is the truly disadvantaged whom society owes special consideration. We should not overlook the hurdles certain people need to overcome — such as poor public schools, growing up in high crime areas, being raised in dysfunctional families, overcoming a disability, etc.
It is likely that such an approach to affirmative action might result in the pool of persons being favored as being disproportionally African-American or Hispanic, these persons could be thought as deserving that additional thought be given to their circumstances, since their disadvantaged backgrounds may have had an impact on an awareness of their options or intellectual development. Not everyone grows up with computers in their households, receiving special tutoring, and going to camp or on foreign family vacations.
We are all in agreement that children should not be punished for the sins of their parents. If children spend part of their lives growing up in public shelters, in orphanages or a series of foster parents, should society in essence continue to punish them? Income and circumstance discrimination should be what should be considered with respect to affirmative action.
People should not be judged on the color of their skin, particularly when according to the U.S. 1990 Census indicates that 4% of the households in America are mixed race. Individuals should not be arbitrarily assigned to racial and ethnic groups that benefit from so-called “Equal Opportunity” programs. Similarly, people should not be discriminated on the basis of age.
This is not to deny that racism, ethnic and religious bias does not exist in this country. Only an invasion from Mars will make us recognize that we share a common humanity. There is nothing improper about ensuring equal opportunity, provided that the particular circumstances of the individual are taken into account.