Explain and analyze the role of affirmative action in the higher education process and describe actions taken by the courts with regard to the legality of affirmative action programs.

Question

What will be an ideal response?

Answer 1

Affirmative action is defined as “using racial, ethnic, or gendered identity to target specific opportunities for individuals.” It is particularly important with regard to addressing the problem of de facto segregation in higher education and employment situations. Essentially, affirmative-action programs have used demographic characteristics to assist in determining higher education eligibility and/or employability. The justification for such policy lies in the need to address hidden and subtle levels of segregation and to correct for such segregation by giving candidates for higher education or employment additional consideration or assistance in the application process. Schools and employers have used a variety of systems to address or implement affirmative-action programs. The most popular have included the use of quota systems and/or demographic data to give historically segregated candidates an advantage in the application process.
The courts have addressed affirmative action, particularly in regard to higher education, with a series of court rulings. In the 1978 case Regents of the University of California v. Bakke, the use of quotas was addressed and considered by the courts, with the decision that quota systems violate the rights of white applicants in an unfair manner. In Gratz v. Bollinger, the use of point systems was considered by the Court, with the Court finding that points systems were unconstitutional but the use of racial or ethnic identity as consideration for admission decisions were upheld. The key to affirmative action in higher education settings has to do with the “compelling interest” standard established in the Grutter v. Bollinger case. This policy says that universities may use race as a factor as long as they can show a “compelling interest” to do so. This policy is intended to ensure a diverse student body, and schools may use such data if they can show it is intended to create or improve upon a diverse student body.
[STUDENT ANALYSIS AS TO EFFECTIVENESS AND NEED FOR AFFIRMATIVE ACTION SHOULD BE INCLUDED IN ANSWERS AND WILL VARY BY STUDENT.]