“A Sensitive and Difficult Task”

2017 ◽  
Author(s):  
Gwyneth Mellinger
Keyword(s):  
Affirmative Action ◽  
Reverse Discrimination ◽  
White Americans ◽  
Ethnic Pride ◽  
Past Injustice ◽  
Public Consciousness ◽  
Contingent Event ◽  
Cross Current

This chapter explores the hiring initiative as a historically, politically, and socially contingent event; and covers the period of greatest racial instability within ASNE, roughly 1977 through the 1980s. During the 1970s, public consciousness about lingering discrimination was heightened, as were a sense of racial and ethnic pride among nonwhites, and feminism among women. But the rising momentum of pro-equality efforts was checked by political cross-current. Many white Americans of the late 1970s, even if they believed opportunities for nonwhites were unjustly unequal, objected to the use of quotas to enforce equality, and the frequency of the term “reverse discrimination,” which referred to the denial of opportunities for whites to compensate nonwhites for past injustice, attested to the growth of an anti-affirmative action backlash.

White Americans’ Opposition to Affirmative Action, Revisited: New Racism, Principled Objections, or Both?

2021 ◽  
pp. 232949652110246
Author(s):  
Matthew O. Hunt ◽  
Ryan A. Smith
Keyword(s):  
Affirmative Action ◽  
General Social Survey ◽  
First Century ◽  
White Americans ◽  
Short Article ◽  
Social Survey ◽  
Mixed Support ◽  
Primary Determinant ◽  
Preferential Hiring ◽  
Key Aspects

In this short article, we provide an update and extension of Thomas C. Wilson’s study, “Whites’ Opposition to Affirmative Action: Rejection of Group-based Preferences as well as Rejection of Blacks.” Wilson drew on data from the 1996 General Social Survey (GSS) to revisit a long-standing debate in the racial attitudes literature concerning whether anti-black prejudice (e.g., “new racism”) or ostensibly race-neutral opposition to group-based policies generally (i.e., “principled objections”) is the primary determinant of whites’ opposition to affirmative action in the form of “preferential hiring and promotion for blacks.” We analyze data from the 2000–2018 GSS to replicate and extend key aspects of Wilson’s work. As in the prior study, we find mixed support for the new racism and principled objections perspectives, providing an important update on white Americans’ beliefs about affirmative action for the twenty-first century.

After Kalanke and Marschall: Affirming Affirmative Action

1998 ◽  
Vol 1 ◽  
pp. 199-215 ◽  
Author(s):  
Sandra Fredman
Keyword(s):  
Affirmative Action ◽  
European Court Of Justice ◽  
Reverse Discrimination ◽  
The European Union ◽  
Advocate General ◽  
Affirmative Action Policy ◽  
Court Of Justice ◽  
European Court ◽  
Near Future ◽  
Action Case

Is it legitimate to use discriminatory policies to achieve equality? As official support for reverse discrimination or affirmative action policies becomes more common among member states of the European Union, so does the potential for legal challenge. Yet no clear answer has yet been given by the European Court of Justice. The controversial European Court of Justice decision in Kalanke, striking down an affirmative action policy, was followed only two years later by that in Marschall, which signalled a significant change in approach to affirmative action policies. This change of attitude is likely to be tested in a variety of different ways in the near future. The next affirmative action case, Badeck, is now awaiting the opinion of the Advocate General, and a Swedish case is waiting in the wings. Both these cases are likely to take the Court into far stormier waters than those already traversed in Kalanke and Marschall.

Reverse discrimination

2020 ◽  
pp. 159-172
Author(s):  
Kasper Lippert-Rasmussen
Keyword(s):  
Affirmative Action ◽  
Differential Treatment ◽  
Reverse Discrimination ◽  
The Core ◽  
Per Se ◽  
Specific Sense ◽  
Generic Sense

This chapter argues that there simply is no cogent objection to affirmative action based on the fact that, by its very nature, it is a form of unjust discrimination. The core of the chapter’s argument can be stated in the form of a dilemma: Either affirmative action amounts to discrimination in a generic sense, or it amounts to discrimination in some more specific sense, e.g., unjust differential treatment of people because of their membership of different socially salient groups. If the former, then it is true that affirmative action involves discrimination, but discrimination in a generic sense is not morally objectionable. If the latter, it is not the case that all forms of affirmative action involve discrimination in this sense. Thus, affirmative action is not unjust discrimination—so-called reverse discrimination—per se.

10 After Kalanke and Marschall: Affirming Affirmative Action

1998 ◽  
Vol 1 ◽  
pp. 199-215
Author(s):  
Sandra Fredman
Keyword(s):  
Affirmative Action ◽  
European Court Of Justice ◽  
Reverse Discrimination ◽  
The European Union ◽  
Advocate General ◽  
Affirmative Action Policy ◽  
Court Of Justice ◽  
European Court ◽  
Near Future ◽  
Action Case

Is it legitimate to use discriminatory policies to achieve equality? As official support for reverse discrimination or affirmative action policies becomes more common among member states of the European Union, so does the potential for legal challenge. Yet no clear answer has yet been given by the European Court of Justice. The controversial European Court of Justice decision in Kalanke, striking down an affirmative action policy, was followed only two years later by that in Marschall, which signalled a significant change in approach to affirmative action policies. This change of attitude is likely to be tested in a variety of different ways in the near future. The next affirmative action case, Badeck, is now awaiting the opinion of the Advocate General, and a Swedish case is waiting in the wings. Both these cases are likely to take the Court into far stormier waters than those already traversed in Kalanke and Marschall.

Reverse Discrimination and Remedial Affirmative Action in Employment

2000 ◽  
Vol 29 (1) ◽  
pp. 107-118 ◽  
Author(s):  
Carlos Ray Gullett
Keyword(s):  
Public Sector ◽  
Affirmative Action ◽  
Civil Rights ◽  
Private Sector ◽  
Title Vii ◽  
Reverse Discrimination ◽  
Remedial Action ◽  
Civil Rights Act ◽  
The Supreme Court ◽  
Public Employer

Public sector employers are governed by two standards in the design and application of voluntary remedial affirmative action plans: Title VII of the Civil Rights Act of 1964 (as amended) and the equal protection provisions of the Constitution. Since these plans are subject to challenge under reverse discrimination claims, they must be carefully designed to avoid vulnerability to such charges under either a statutory or constitutional claim. However, the Supreme Court has interpreted the legal acceptability of voluntary affirmative action differently under the statute than under the Constitution. Title VII allows a more permissive standard than does the 14th or 5th amendments. An analysis and comparison of Court rulings under both standards illustrate these differences. To avoid successful challenge of a voluntary remedial plan, a public employer must abide by the more conservative criteria of the Constitution. In so doing, some kinds of remedial action available to those in the private sector is barred to their public sector counterparts. Further Court rulings may clarify these apparent differences.

scholarly journals A Discriminação Inversa pelo Contributo de Dworkin

2021 ◽  
Vol 13 (13) ◽  
pp. 71-88
Author(s):  
Lorena Moura Barbosa de Miranda ◽  
Artur Cortez Bonifácio
Keyword(s):  
Affirmative Action ◽  
Rule Of Law ◽  
Human Dignity ◽  
Reverse Discrimination ◽  
Racial Awareness ◽  
Constitutional Rule ◽  
The Face ◽  
The Right ◽  
Collective Dimension

The purpose of this paper is to reconstruct Ronald Dworkin’s arguments about affirmative action applied by Universities, policies as measures capable of diminishing long-term racial awareness as a factor of negative discrimination, and to effectively fulfill human dignity in its collective dimension, in the face to concrete cases before the Northern Supreme Court-American. This is an explanatory research, in which we intend to answer questions related to the efficiency in the practical applicability and legality of reverse discrimination measures, before a Constitutional Rule of Law, that is willing to protect and guarantee the right to equality, not only through as a jurisprudential analysis.

Racializing Captain America: How Racial Attitudes Affect Perceptions of Affirmative Action and Diversity Initiatives in Media

2020 ◽  
Vol 97 (3) ◽  
pp. 683-703
Author(s):  
S. R. Gubitz ◽  
Denzel Avant
Keyword(s):  
Affirmative Action ◽  
Racial Attitudes ◽  
Spillover Effects ◽  
White Americans ◽  
Representative Survey ◽  
Diversity Initiatives ◽  
Captain America ◽  
Attitudes Toward Diversity ◽  
Nationally Representative ◽  
Hispanic White

Is announcing a commitment to diversity enough to activate attitudes toward diversity initiatives? And what are the spillover effects of these programs? To address these questions, we conduct an experiment imbedded in a nationally representative survey of non-Hispanic White Americans ( n = 1,519). We inform respondents that the White actor who plays Captain America will be replaced, while varying whether there is a reference to a diversity initiative and whether the replacement is White or Black. We find that reference to diversity initiatives on its own has no effect but the action of displaying diversity affects marketplace preferences and attitudes toward diversity initiatives.

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